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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 

SCHOOL  OF  LAW 


GIFT  OF 

John  Adams 


RULES 


ADMISSION  TO  THE  BAR 

IN  THE  SEVERAL  STATES  AND 

TERRITORIES   OF  THE 

UNITED  STATES 

IN  FORCE  MARCH  i.  1909 

TOGETHER  WITH  THE  CODE  OF  ETHICS  ADOPTED 
BY  THE  AMERICAN  BAR  ASSOCIATION,  AN- 
NOTATED TO  CASES  IN  POINT 


FIFTH  EDITION 


St.  Paul,  Minn. 

WEST  PUBLISHING  CO. 

1909 


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111 

RULES 


ADMISSION  TO  THE  BAR 

IN  THE  SEVERAL  STATES  AND 

TERRITORIES  OF  THE 

UNITED  STATES 


IN   FORCE  MARCH   i. 


rgog 


TOGETHER  WITH  THE  CODE  OF  ETHICS  ADOPTED 
BV  THE  AMERICAN  BAR  ASSOCIATION,   AN- 
NOTATED TO  CASES  IN  POINT 


FIFTH  EDITION 


St.  Paul,  Minn. 

WEST  PUBLISHING   CO. 

1909 


V^9 


J^--' 


''vuvoO-^ 


I 


Preface. 


In  setting  forth  the  rules  relating  to  admission  to  the  bar 
of  the  United  States  Courts  and  the  Courts  of  the  several 
States  and  Territories,  we  have  given  the  general  require- 
ments, rather  than  the  forms  prescribed  in  applying  for  ex- 
amination and  admission.     .    ^ 

Reference  is  made  in  each  instance  to  the  publications  in 
which  the  rules  are  set  forth  in  full. 

In  most  states  pamphlets  containing  complete  rules,  forms 
to  be  used,  etc.,  may  be  obtained  from  the  clerk  of  court  or 
the  secretary  of  the  Board  of  Bar  Examiners. 

In  this  edition  we  have  added  information  as  to  the  times 
and  places  of  examinations  and  the  person  to  whom  applica- 
tion must  be  made. 

We  have  also  added  valuable  information  in  regard  to  the 
local  Reports  of  each  State,  and  other  law  books,  especially 
valuable  to  the  lawyer  opening  a  new  office. 

(iii)* 


Contents. 


Recommendatioiis  of  American  Bar  Association—  Page 

Respecting  requirements  for  admission  to  ttie  bar xi 

Code  of  Ethics- 
Adopted  by  the  American  Bar  Association xv 

United  States  Courts- 
Rules   for  admission 3 

,Rei>orts  of  tlie  Federal  Courts 4 

Alabaman- 
Rules  for  admission 6 

Local   reports 8 

Alaska- 
Rules  for  admission '. . .     10 

Local   reports 11 

Arizona — 

Rules    for    admission 12 

Local   reports ^ IH 

Arkansas — 

Rules  for  admission 15 

Local  reports 15 

California — 

Rules   for   admission 17 

Local   reports 18 

Colorado- 
Rules  for  admission 20 

Local   reports 22 

Connecticut- 
Rules  for  admission 24 

Local  reports 27 

Delaware- 
Rules  for  admission 2S 

Local   ceports 29 

(v) 


VI  CONTENTS. 

District  of  Columbia—  Page 

Rules    for   admissiuii 31 

Local   reports '6U 

Florida— 

liulos  for  arlmission 53 

Local   reports 34 

Georgia- 
Rules  for  admission 36 

Local   reports 38 

Ha\raii— 

Rules  for  admission 39 

Local   reports 40 

Idaho— i 

Rules  for  admission 41 

Local   reports 42 

Illinois- 
Rules  for  admission 43 

Local  reports 45 

Indiana- 
Rules   for   admission 47 

Local  reports 47 

Io\ra— i 

Rules   for  admission 49 

Local    reports 50 

Kansas— i 

Rules  for  admission 52 

Local  reports 54 

Kentucky- 
Rules  for  admission 5n 

Local  reports 57 

liOnisiana— 

Rules  for  admission 59 

Local   reports 63 

Maine — 

Rules   for   admission 03 

Local   reports 64 

Maryland — 

Rules  for  admission '. 66 

Local   reports 6M 


CONTENTS  Vll 

Massachnsctts—  Page 

Rules  for  admission (i9 

Local    repoi-ts 71 

Micliigan— 

Rules  for  admission 72 

Local   reports 74 

Minnesota— i 

Rules  for  admission 75 

Local  reports 7S 

Mississippi- 
Rules  for  admission 79 

Local   reports 80 

Missouri- 
Rules  for  admission 82 

Local  reports Sa 

Montana- 
Rules   for  admission 85 

Local   reports 86 

Nebraska- 
Rules  for  admission ^ 87 

Local  reports ; 89 

Nevada- 
Rules  for  admission 90 

Local  reports 91 

Hexr  Hampshire- 
Rules    for   admission 92 

Local   reports 93 

New  Jersey- 
Rules  for  admission 94 

'Local   reports 96 

Netw  Mexico — 

Rules   for   admission 97 

Local   reports 9S 

Nexir  York- 
Rules   for   acjmission 100 

Local   reports 102 


Vlll  CONTENTS. 

Nortli  Carolina—  Page 

Rules  for  admission 104 

Local  reports 105 

North  Dakota- 
Rules  for  admission IOC 

Local   reports 108 

Oliio— 

Rules  for  admission ."^J^  109 

Local  reports 112 

Oklaboma— ' 

Rules  for  admission 1 13 

Local  reports 114 

Oregon- 
Rules  for   admission IKJ 

Local  reports 117 

Pennsylvania- 
Rules  for  admission liy 

Local  reports 122 

Philippine  Islands — 

Rules  for  admission 123 

Local   reports 126 

Porto  Rico- 
Rules  for  admission 127 

Local   reports 128 

Rhode  Island — 

Rules    for   admission 129 

Local   reports 131 

Sonth  Carolina— i 

Rules  for  admission 132 

Local   reports 133 

South  Dakota^— 

Rules   for   admission 135 

Local   reports 137 

Tennessee- 
Rules  for  admission 138 

Local   reports 139 

Texas- 
Rules  for  admission 141 

Local   reports 142 


CONTENTS.  IX 

Utah—       -•  Page 

Rules   for   admission 144 

Local   reports 145 

Vermont^ 

Rules   for   admission 140 

Local   reports 147 

Virginia — 

Rules  for  admission 149 

Lo^al  reports 151 

Washington- 
Rules  for  admission 152 

Local   reports , 153 

West  Virginia- 
Rules  for  admission 155 

Local   reports 156 

Wisconsin — 

Rules  for  admission , 158 

Local  reports 160 

Wyoming- 
Rules  for  admission 161 

Local  reports 163 

The  Purpose  of  a  Digest 164 

Reports  and  Digests — 

Reports  and  Reporters 1G6 

Digests  of  Reports 169 

Key-Number  Guide  to  the  Authorities 172 

Brief  Making 176 

The  Hornbook  Series  of  Text-Books 178 

Owen's  Laiv  Qnizzer 181 

Black's  Lia^v  Dictionary 183 

Law  Schools,  Listed  by  States 185 

Reporter   Annotations 194 


Hccommcnbations 

Of  the  Committee  on  Legal  Education  of  the  Ameri- 
can Bar  Association  Respecting  Require- 
ments for  Admission  to  the  Bar. 


In  1897  the  Committee  on  Legal  Education  of  the  American 
Bar  Association  recommended  the  following  provisions  "as 
forming  a  consistent  S3^stem  that  shall  both  protect  the  pro- 
fession and  guide  the  student." 

Citizenship — Age — Character. 

No  one  should  be  admitted  to  the  bar  unless  he  is  of  good 
m.oral  character,  is  twenty-one  years  of  age,  and  is  a  citizen 
of  the  state. 

Registration. 

Upon  beginning  professional  study  a  student  should  register 
his  name  in  the  office  of  a  clerk  of  a  court  of  record  or  in  a 
law  school  that  is  incorporated  or  is  a  department  of  an  in- 
corporated university. 

Upon  petition,  the  law  examiners  should  relieve  from  the 
requirements  as  to  registration  a  candidate  whose  law  studies 
began  while  he  was  not  a  citizen  of  the  state ;  but  they  should 
not  grant  relief  upon  terms  that  would  give  such  a  candidate 
a  preference  over  ordinary  candidates. 

General  Education. 

Prior  to  registration  a  student  should  prove  that  he  has  re- 
ceived at  least  the  equivalent  of  a  high  school  education,  such 
proof  being  made  by  filing  certificates  or  by  passing  exam- 
inations, as  may  be  determined  by  the  law  examiners. 

(xi) 


Xn        RECOMMENDATIONS  OF  AMERICAN  BAR  ASSOCIATION. 
Term  of  Study. 

A  candidate  should  not  be  admitted  to  the  bar  until  the 
end  of  three  full  calendar  years  of  law  study. 

Board  of  Examiners. 

In  all  parts  of  the  state  the  requirements  for  admission  to 
the  bar  should  be  uniform,  and  should  be  administered  by 
a  State  Board  of  Law  Examiners. 

Law  examiners  should  be  appointed  by  the  court  of  last 
resort,  and  should  serve  for  three  or  more  years,  part  of  the 
number  being  appointed  each  year. 

The  law  examiners  should  recommend  an  appropriate  or- 
der of  study,  and  should  designate  the  statutes,  leading  cases, 
and  practical  forms  with  which  students  must  become  familiar, 
and  in  all  other  practicable  ways  should  aid  candidates  to 
study  in  a  systematic  and  useful  manner. 

Examination— Regulations — Scope,  etc. 

No  candidate  should  be  admitted  to  the  bar  without  exam- 
ination, except  as  hereinafter  provided. 

Law  examinations  should  be  held  at  such  times  and  places 
as  the  court  of  last  resort  may  see  fit;  due  announcement 
being  made  as  to  times,  places,  and  subjects. 

Law  examinations  should  consist  cliiefly  of  written  an- 
swers to  printed  questions. 

Law  examinations  should  be  chiefly  devoted  to  solving  and 
discussing  legal  problems  similar  to  those  arising  in  office 
practice  and  in  litigation;  and  questions  should  not  be  so 
framed  as  to  admit  "yes"  and  "no"  answers. 

A  candidate  should  be  permitted,  if  he  desires,  to  divide 
the  law  examination  into  two  parts ;  the  first  part  to  cover 
the  more  elementar)-  subjects  and  to  be  taken  not  earlier  than 
one  year  after  registration,  and  the  second  part  to  cover  the 


RECOMMENDATIONS  OF  AMERICAN  BAR  ASSOCIATION.       Xlll 

more  advanced  subjects  and  to  be  taken  not  earlier  than  three 
years  after  registration. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Upon  petition,  the  law  examiners  should  relieve  from  all 
requirements,  save  the  requirements  as  to  character,  age, 
and  citizenship,  a  candidate  who  is  already  a  member  of  the 
bar  of  a  state  in  which  there  are  equivalent  requirements  for 
admission,  or  in  which,  after  admission,  he  has  been  in  ac- 
tive practice  for  five  years. 


(£obe  of  Ctfjics 

Adopted  by  American  Bar  Association 
Annotated  to  Cases  in  Point 


1:   The  Duty  of  the  ta^vyer  to  the  Courts. 

It  is  the  duty  of  the  lawyer  to  maintain  towards  the  Courts 
a  respectful  attitude,  not  for  the  sake  of  the  temporary  incum- 
bent of  the  judicial  office,  but  for  the  maintenance  of  its  su- 
preme importance.  Judges,  not  being  wholly  free  to  defend 
themselves,  are  peculiarly  entitled  to  receive  the  support  of  the 
Bar  against  unjust  criticism  and  clamor.  Whenever  there  is 
proper  ground  for  serious  complaint  of  a  judicial  officer,  it 
is  the  right  and  duty  of  the  lawyer  to  submit  his  grievances 
to  the  proper  authorities.  In  such  cases,  but  not  otherwise, 
such  charges  should  be  encouraged  and  the  person  making 
them  should  be  protected. 

Annot. 

Attacking  or  criticising  court  as  ground  for  disbarment,  see  Attor- 
ney and  Client,  Cent.  Dig.  §§  50,  60;  Dec.  Dig.  §  43. 

Att.'iclcing  or  criticising  court  as  constituting  contempt,  see  Con- 
tempt, Cent.  Dig.  §§  6-10 ;  Dec.  Dig.  §  6. 

Suspension  or  removal  of  judge  and  liability  of  judge  for  official 
acts,  see  Judges,  Cent.  Dig.  §§  42-45,  165-180;  Dec.  Dig.  §§  11,  36,  37. 

Remarks  and  conduct  of  judge  on  trial  of  case  in  general,  see 
Criminal  Law,  Cent.  Dig.  §§  1520-1535;  Dec.  Dig.  §§  654-658;  Trial, 
Cent.  Dig.  §§  80-84 ;  Dec.  Dig.  §  29. 

2.   The  Selection  of  Judges. 

It  is  the  duty  of  the  Bar  to  endeavor  to  prevent  political 
considerations  from  out-weighing  judicial  fitness  in  the  selec- 
tion   of   Judges.      It    should   protest    earnestly   and    actively 

(XV) 


XVI  CODE   OF   ETHICS. 

against  the  appointment  or  election  of  those  who  are  unsuita- 
ble for  the  Bench ;  and  it  should  strive  to  have  elevated  there- 
to only  those  willing  to  forego  other  employments,  whether 
of  a  business,  political  or  other  character,  which  may  embar- 
rass their  free  and  fair  consideration  of  questions  before  them 
for  decision.  The  aspiration  of  lawyers  for  judicial  position 
should  be  governed  by  an  impartial  estimate  of  their  ability 
to  add  honor  to  the  office  and  not  by  a  desire  for  the  distinc- 
tion the  position  may  bring  to  themselves. 

Annot. 

Appointment,  eligibility,  and  qualification  of  juclges,  see  Judges, 
Cent.  Dig.  §§  1-23 ;  Dec.  Dig.  §§  1-5. 

3.  Attempts  to  Exert  Personal  Influence  on  the  Court. 

Marked  attention  and  unusual  hospitality,  on  the  part  of 
a  lawyer  to  a  Judge,  uncalled  for  by  the  personal  relations  of 
the  parties,  subject  both  the  Judge  and  the  lawyer  to  mis- 
constructions of  motive  and  should  be  avoided.  A  lawyer 
should  not  communicate  or  argue  privately  with  the  Judge  as 
to  the  merits  of  a  pending  cause,  and  he  deserves  rebuke  and 
denunciation  for  any  device  or  attempt  to  gain  from  a  Judge 
special  personal  consideration  or  favor.  A  self-respecting  in- 
dependence in  the  discharge  of  professional  duty,  without  de- 
nial or  diminution  of  the  courtesy  and  respect  due  the  Judge's 
station,  is  the  only  proper  foundation  for  cordial  personal  and 
official  relations  between  Bench  and  Bar. 

Annot. 

Attempting  to  influence  court  as  constituting  contempt  justifying 
disbarment  of  attorney,  see  Attorney  and  Client,  Cent.  Dig.  §  60. 

4.  Wlien  Counsel  for  an  Indigent  Prisoner. 

A  lawyer  assigned  as  counsel  for  an  indigent  prisoner  ought 
not  to  ask  to  be  excused  for  any  trivial  reason,  and  should  al- 
ways exert  his  best  efforts  in  his  behalf. 

Ai)not.         "^ 

Assignment  as  counsel  by  the  court,  and  skill  and  care  required  of 
attorney,  see  Attorney  and  Client,  Cent.  Dig.  §§  31,  218 ;  Dec.  Dig.  § 
23 ;  Criminal  Law,  Cent.  Dig.  §§  150(>-1505 ;  Dec.  Dig.  §  641. 


CODE   OF  ETHICS.  XvH 

5.    The  Defense  or  Frosecntion  of  Those  Acciised  of  Crime. 

It  is  the  right  of  the  lawyer  to  undertake  the  defense  of  a 
person  accused  of  crime,  regardless  of  his  personal  opinion 
as  to  the  guilt  of  the  accused ;  otherwise  innocent  persons,  vic- 
tims only  of  suspicious  circumstances,  might  be  denied  proper 
defense.  Having  undertaken  such  defense,  the  lawyer  is 
bound  by  all  fair  and  honorable  means,  to  present  every  de- 
fense that  the  law  of  the  land  permits,  to  the  end  that  no  per- 
son may  be  deprived  of  life  or  liberty,  but  by  due  process  of 
law. 

The  primary  duty  of  a  lawyer  engaged  in  public  prosecution 
is  not  to  convict,  but  to  see  that  justice  is  done.  The  sup- 
pression of  facts  or  the  secreting  of  witnesses  capable  of  es- 
tablij^hing  the  innocence  of  the  accused  is  highly  reprehensible. 

Aniiot. 

Defense  of  crimiual  in  general,  see  Attorney  and  Client,  Cent.  Dig. 
§§  31,  218;  Dec.  Dig.  §  23;  Criminal  Law.  Cent.  Dig.  $§  1496-1506, 
Dec.  Dig.  §  641. 

Misconduct  of  counsel,  ground  for  new  trial,  see  Criminal  Law, 
Cent.  Dig.  §§  2197-2201 ;  Dec.  Dig.  §  019. 

Functions  of  office  and  powers  and  duties  of  prosecuting  attorneys, 
see  District  and  Prosecuting  Attorneys,  Cent.  Dig.  §§  1,  34-37 ;  Dec. 
Dig.  §§  1,  8,  9. 

G.    Adverse  Influences  and  Conflicting  Interests. 

It  is  the  duty  of  a  lawyer  at  the  time  of  retainer  to  disclose 
to  the  client  all  the  circumstances  of  his  relations  to  the  par- 
ties, and  any  interest  in  or  connection  with  the  controversy, 
which  might  influence  the  client  in  the  selection  of  counsel. 

It  is  unprofessional  to  represent  conflicting  interests,  except 
by  express  consent  of  all  concerned  given  after  a  full  disclos- 
ure of  the  facts.  Within  the  meaning  of  this  canon,  a  lawyer 
represents  conflicting  interests  when,  in  behalf  of  one  client, 
it  is  his  duty  to  contend  for  that  which  dut)^  to  another  cli- 
ent requires  him  to  oppose. 

The  obligation  to  represent  the  client  with  undivided  fideli- 
ty and  not  to  divulge  his  secrets  or  confidences  forbids  also 
b 


XVlll  CODE  OF   ETHICS. 

the  subsequent  acceptance  of  retainers  or  employment  from 
others  in  matters  adversely  affecting  any  interest  of  the  cHent 
with  respect  to  which  confidence  has  been  reposed, 

Aiinot. 

Acting  for  adverse  parties  in  different  capacities  or  receivlnj:  com- 
pensation from  adverse  party,  see  Attorney  and  Client,  Cent.  Dig.  §| 
27-30,  208,  229,  307 ;  Dec.  Dig.  §§  19-22,  113,  130. 

7.  Professional  Colleagnes  and  Conflicts  of  Opinion. 

A  client's  proffer  of  assistance  of  additional  counsel  should 
not  be  regarded  as  evidence  of  want  of  confidence,  but  the 
matter  should  be  left  to  the  determination  of  the. client.  A 
lawyer  should  decline  association  as  colleague  if  it  is  objec- 
tionable to  the  original  counsel,  but  if  the  lawyer  first  retain- 
ed is  relieved,  another  may  come  into  the  case. 

When  lawyers  jointly  associated  in  a  cause  cannot  agree  as 
to  any  matter  vital  to  the  interest  of  the  client,  the  conflict  of 
opinion  should  be  frankly  stated  to  him  for  his  final  determi- 
nation. His  decision  should  be  accepted  unless  the  nature  of 
the  difference  makes  it  impracticable  for  the  lawyer  whose 
judgment  has  been  overruled  to  co-operate  effectively.  In 
this  event  it  is  his  duty  to  ask  the  client  to  relieve  him. 

Efforts,  direct  or  indirect,  in  any  way  to  encroach  upon  the 
business  of  another  lawyer,  are  unworthy  of  those  who  should 
be  brethren  at  the  Bar ;  but,  nevertheless,  it  is  the  right  of  any 
lawyer,  without  fear  or  favor,  to  give  proper  advice  to  those 
seeking  relief  against  unfaithful  or  neglectful  counsel,  gen- 
erally after  communication  with  the  lawyer  of  whom  the  com- 
plaint is  made. 

Annot. 

Change  and  substitution  of  attorneys,  see  Attorney  and  Client,  Ceut. 
Dig.  §§  110-131 ;  Dec.  Dig.  §§  75,  7G. 

8.  Advising  Upcii  tlie  Merits  of  a  Client's  Cause. 

A  lawyer  should  endeavor  to  obtain  full  knowledge  of  his 
client's  cause  before  advising  thereon,  and  he  is  bound  to  give 


CODE   OF  ETHICS.  XIX 

a  candid  opinion  of  the  merits  and  probable  result  of  pending 
or  contemplated  litigation.  The  miscarriages  to  which  justice 
is  subject,  by  reason  of  surprises  and  disappointments  in  evi- 
dence and  witnesses,  and  through  mistakes  of  juries  and  er- 
rors of  Courts,  even  though  only  occasional,  admonish  law- 
yers to  beware  of  bold  and  confident  assurances  to  clients,  es- 
pecially where  the  employment  may  depend  upon  such  assi.ir- 
ance.  Whenever  the  controversy  will  admit  of  fair  adjust- 
ment, the  client  should  be  advised  to  avoid  or  to  end  the  liti- 
gation. 

Annot. 

Negligeree  of  attorney  In  advising  client,  see  Attorney  and  Client, 
Cent.  Dig.  §§  221,  222 ;  Dec.  Dig.  §  109. 

9.  Negotiations  With  Opposite  Party. 

A  lawyer  should  not  in  any  way  communicate  upon  the  sub- 
ject of  controversy  with  a  party  represented  by  counsel ;  much 
less  should  he  undertake  to  negotiate  or  compromise  the  mat- 
ter with  him,  but  should  deal  only  with  his  counsel.  It  is  in- 
cumbent upon  the  lawyer  most  particularly  to  avoid  every- 
thing that  may  tend  to  mislead  a  party  not  represented  by 
counsel,  and  he  should  not  undertake  to  advise  him  as  to 
the  law. 

Annot. 

Duties  and  liabilities  of  attorney  to  adverse  parties  and  third  per- 
sons, see  Attorney  and  Client,  Cent.  Dig.  §§  38,  39,  61 ;  Dec  Dig.  §§ 
26,  38. 

10.  Acquiring  Interest  in  Litigation. 

The  lawyer  should  not  purchase  any  interest  in  the  subject- 
matter  of  the  litigation  which  he  is  conducting. 

Annot. 

Right  of  attorney  to  purchase  demands  for  suit,  and  effect  thereof 
as  ground  for  disliarment,  see  Attorney  and  Client,  Cent  Dig.  §§  26, 
51,  239-263 ;  Dec.  Dig.  §§  18.  38,  122-125. 

Champertons  agreements,  see  Champerty  and  Maintenance,  Cent. 
Dig.  §§  36-44,  47-51 ;  Dec.  Dig.  §  5  (6,  8). 


XX  CODE   OF  ETBICS. 

11.  Dealing  'With  Trust  Property. 

Money  of  the  client  or  other  trust  property  coming  into  the 
possession  of  the  lawyer  should  be  reported  promptly,  and 
except  with  the  client's  knowledge  and  consent  should  not  be 
commingled  with  his  private  property  o'r  be  used  by  him. 

Anuot. 

Authority  of  attorney  as  to  dipposition  of  clioiit's  money  or  otluT 
pi'operty,  see  Attonioy  and  Client.  Cent.  Di.^.  §  143;  Dec.  Dig.  §  SO. 

Accounting  and  juiyment  to  oliont,  see  Attorney  and  Client,  Cent. 
Dig.  §§  232-2:38;  Dee.  Dig.  §§  n(>-121. 

12.  Fixing  the  Amount  of  the  Fee. 

In  fixing  fees,  lawyers  should  avoid  charges  which  overes- 
timate their  advice  and  services,  as  well  as  those  which  un- 
dervalue them.  A  client's  ability  to  pay  cannot  justify  a 
charge  in  excess  of  the  value  of  the  service,  though  his  pover- 
ty may  require  a  less  charge,  or  even  none  at  all.  The  rea- 
sonable requests  of  brother  lawyers,  and  of  their  widows  and 
orphans  without  ample  means,  should  receive  special  and  kind- 
ly consideration. 

In  determining  the  amount  of  the  fee,  it  is  proper  to  con- 
sider: (1)  the  time  and  labor  required,  the  novelty  and  dif- 
ficulty of  the  questions  involved  and  the  skill  requisite  proper- 
ly to  conduct  the  cause ;  (2)-  whether  the  acceptance  of  em- 
ployment in  the  particular  case  will  preclude  the  lawyer's  ap- 
pearance for  others  in  cases  likely  to  arise  out  of  the  trans- 
action, and  in  which  there  is  a  reasonable  expectation  that 
otherwise  he  would  be  employed,  or  will  involve  the  loss  of 
other  business  while  employed  in  the  particular  case  or  antago- 
nisms with  other  clients ;  (3)  the  customary  charges  of  the 
Bar  for  similar  services ;  (4)  the  amount  involved  in  the  con- 
troversy and  the  benefits  resulting  to  the  client  from  the  serv- 
ices; (5)  the  contingency  or  the  certainty  of  the  compensa- 
tion ;  and  (6)  the  character  of  the  employment,  whether  casual 
or  for  an  established  and  constant  client.     No  one  of  these 


CODE   OF   ETHICS.  XX] 

considerations  in  itself  is  controlling.     They  are  mere  guides 
in  ascertaining  the  real  value  of  the  service. 

In  iVxing  fees  it  should  never  be  forgotten  that  the  profes- 
sion is  a  branch  of  the  administration  of  justice  and  not  a  mere 
money-getting  trade. 

Aiinot. 

Right  of  attorney  to  coinpeiis:ition,  oontrncts  therefor  and  value  and 
amount  thereof,  see  Attorney  and  Client,  Cent.  Dig.  §§  292-350;  Dec. 
Dig.  §§  130-145,  151,  152,  154,  155. 

13.  Contingent  Fees. 

Contingent  fees,  where  sanctioned  by  law,  should  be  under 
the  supervision  of  the  Court,  in  order  that  clients  may  be  pro- 
tected from  unjust  charges. 

Aunot. 

Validity  and  effect  of  agreement  for  contingent  fee,  see  Attorney 
and  Client,  Cent  Dig.  §§  351-357;  Dec.  Dig.  §§  14G-150. 

Agreement  for  contingent  fee  as  constituting  champerty,  see  Cham- 
^erty  and  Maintenance,  Cent.  Dig.  §§  22-51 ;  Dec.  Dig.  §  5. 

14.  Suing  a  Client  for  a  Fee. 

Controversies  wnth  clients  concerning  compensation  are  to 
be  avoided  by  the  lawyer  so  far  as  shall  be  compatible  with 
his  self-respect  and  with  his  right  to  receive  reasonable  rec- 
ompense for  his  services;  and  lawsuits  with  clients  should  be 
resorted  to  only  to  prevent  injustice,  imposition  or  fraud. 

An  not. 

Right  of  action  for  fees,  defenses  and  practice,  see  Attorney  and 
Client,  Cent.  Dig.  §§  35S-377 ;  Dec.  Dig.  §§  157-169. 

15.  Kow  Far  a  Lawyer  May  Go  in  Supporting  a  Client's  Cause. 

Nothing  operates  more  certainly  to  create  or  to  foster  popu- 
lar prejudice  against  lawyers  as  a  class,  and  to  deprive  the  pro- 
fession of  that  full  measure  of  public  esteem  and  confidence 
which  belongs  to  the  proper  discharge  of  its  duties  than  does 
the  false  claim,  often  set  up  by  the  unscrupulous  in  defense 
of  questionable  transactions,  that  it  is  the  duty  of  the  law- 
yer to  do  whatever  may  enable  him  to  succeed  in  winning  his 
client's  cause. 


XXll  CODE   OF    ETHICS. 

It  is  improper  for  a  lawyer  to  assert  in  argument  his  person- 
al belief  in  his  client's  innocence  or  in  the  justice  of  his  cause. 

The  lawyer  owes  "entire  devotion  to  the  interest  of  the  cli- 
ent, warm  zeal  in  the  maintenance  and  defense  of  his  rights 
and  the  exertion  of  his  utmost  learning  and  ability,"  to  the 
end  that  nothing  be  taken  or  be  withheld  from  him,  save  by 
the  rules  of  law,  legally  applied.  No  fear  of  judicial  disfavor 
or  public  unpopularity  should  restrain  him  from  the  full  dis- 
charge of  his  duty.  In  the  judicial  forum  the  client  is  enti- 
tled to  the  benefit  of  any  and  every  remedy  and  defense  that 
is  authorized  by  the  law  of  the  land,  and  he  may  expect  his 
lawyer  to  assert  every  such  remedy  or  defense.  But  it  is 
steadfastly  to  be  borne  in  mind  that  the  great  trust  of  the 
lawyer  is  to  be  performed  within  and  not  without  the  bounds 
of  the  law.  The  office  of  attorney  does  not  permit,  much  less 
does  it  demand  of  him  for  any  client,  violation  of  law  or  any 
manner  of  fraud  or  chicane.  He  must  obey  his  own  con- 
science and  not  that  of  his  client. 

Annot. 

Nature  of  office  of  attorney  and  duty  to  follow  client's  instructions, 
see  Attorney  and  Client,  Cent  Dig.  §§  21,  220;  Dec  Dig.  §§  14,  108. 

Argument  and  conduct  of  counsel,  see  Criminal  Law,  Cent.  Dig.  §§ 
1655- 1G9?.;  Dec.  Dig.  §§  699-730;  Trial,  Cent,  Dig.  §§  267-S16;  Dec. 
Dig.  §§  106-133. 

16.    Restraining  Clients  from  Improprieties. 

A  lawyer  should  use  his  best  efforts  to  restrain  and  to  pre- 
vent his  clients  from  doing  those  things  which  the  lawyer  him- 
self ought  not  to  do,  particularly  with  reference  to  their  con- 
duct towards  Courts,  judicial  officers,  jurors,  witnesses  and 
suitors.  If  a  client  persists  in  such  wrong-doing  the  lawyer 
should  terminate  their  relation. 

Annot. 

Termination  of  relation  by  withdrawal  of  attorney,  see  Attorney 
and  Client  Cent  Dig.  §  121  ;  Dec.  Dig.  §  76  (1). 


CODE  OF   ETHICS.  XXlii 

17.  Ill  Feeling  and  Personalities  Betxreen  Advocates. 

Clients,  not  lawyers,  are  the  litigants.  Whatever  may  be 
the  ill  feeling  existing  between  clients,  it  should  not  be  allow- 
ed to  influence  counsel  in  their  conduct  and  demeanor  toward 
each  other  or  toward  suitors  in  the  case.  All  personalities 
between  counsel  should  be  scrupulously  avoided.  In  the  trial 
of  a  cause  it  is  indecent  to  allude  to  the  personal  history  or 
the  personal  peculiarities  and  idiosyncrasies  of  counsel  on  the 
other  side.  Personal  colloquies  between  counsel  which  cause 
delay  and  promote  unseemly  wrangling  should  also  be  care- 
fully avoided. 

Annot. 

Conduct  toward  other  attorneys,  ground  for  disbarment,  see  Attor- 
ney and  Client.  Cent  Dig.  §  61 ;  Dec.*Dig.  §  38. 

Use  of  abusive  language  and  retaliatory  statements  and  remarks 
by  attorneys,  see  Trial,  Cent  Dig.  §§  308,  310;  Dec.  Dig.  §§  126,  129. 

18.  Treatment  of  Witnesses  and  Litigants. 

A  lawyer  should  always  treat  adverse  witnesses  and  suitors 
with  fairness  and  due  consideration,  and  he  should  never  min- 
ister to  the  malevolence  or  prejudices  of  a  client  in  the  trial 
or  conduct  of  a  cause.  The  client  cannot  be  made  the  keeper 
of  the  lawyer's  conscience  in  professional  matters.  He  has  no 
right  to  demand  that  his  counsel  shall  abuse  the  opposite  party 
or  indulge  in  offensive  personalities.  Improper  speech  is  not 
excusable  on  the  ground  that  it  is  what  the  client  would  say 
if  speaking  in  his  own  behalf. 

Annot. 

Duties  and  liabilities  to  adverse  parties  and  to  third  persons,  aec 
Attorney  and  Client,  Cent.  Dig.  §  38  ;  Dec.  Dig.  §  26. 

Use  of  abusive  language  and  retaliatory  statements  or  remarks,  see 
Trial,  Cent.  Dig.  §§  308.  310 ;  Dec.  Dig.  §§  126,  129. 

19.  Appearance  of  Lawyer  as  Witness  for  His  Client. 

When  a  lawyer  is  a  witness  for  his  client,  except  as  to  mere- 
ly formal  matters,  such  as  the  attestation  or  custody  of  an  in- 
strument and  the  like,  he  should  leave  the  trial  of  the  ca?e  to 


XXIV  CODE   OF   RTHICS. 

Other  counsel.  Except  when  essential  to  the  ends  of  justice, 
a  lawyer  should  avoid  testifying  in  Court  in  behalf  of  his 
client. 

A II  not. 

CfUDpefency  of  attorneys  as  witnesses,  see  Witnesses,  Cent.  Dig.  §S 
79.  121-123 ;  Dec.  Dig.  §  67. 

20.  Ne-tvspaper  Discussion  of  Pending  Iiitigation. 

Newspaper  publications  by  a  lawyer  as  to  pending  or  an- 
ticipated litigation  may  interfere  with  a  fair  trial  in  the  Courts 
and  otherwise  prejudice  the  due  administration  of  justice. 
Generally  Ihey  are  to  be  condemned.  If  the  extreme  circum- 
stances of  a  particular  case  justifj^  a  statement  to  the  public, 
it  is  unprofessional  to  make  it  anonymously.  An  ex  parte 
reference  to  the  facts  should -fiot  go  beyond  quotation  from  the 
records  and  papers  on  file  in  the  Court ;  but  even  in  extreme 
cases  it  is  better  to  avoid  any  ex  parte  statement. 

A II  not. 

Publications  relating  to  pending  proceedings  as  constituting  con- 
tempt, see  Contempt,  Cent.  Dig.  §§  15,  16 ;  Dec.  Dig.  §  9. 

21.  Punctuality  and  Expedition. 

It  is  the  duty  of  the  lawyer  not  only  to  his  client,  but  also 
to  the  Courts  and  to  the  public,  to  be  punctual  in  attendance, 
and  to  be  concise  and  direct  in  the  trial  and  disposition  of 
causes. 

Annot. 

Absence  of  counsel  as  ground  for  continuance,  see  Continuance, 
Cent.  Dig.  §  51;  Dec.  Dig.  §  20;  Criminal  Law,  Cent.  Dig.  §§  1313, 
1320 ;  Dec.  Dig.  §§  587,  593. 

Absence  of  counsel  as  ground  for  new  trial,  see  Criminal  Law,  Cent. 
Dig.  §  220.^ :  Dec.  Dig.  §  920 ;  New  Trial,  Cent.  Dig.  §§  173,  174 ;  Dec. 
Dig.  §  87. 

22.  Candor  and   Fairness. 

The  conduct  of  the  lawyer  before  the  Court  and  with  other 
lawyers  should  be  characterized  by  candor  and  fairness. 

It  is  not  candid  or  fair  for  the  lawyer  knowingly  to  mis- 
quote the  contents  of  a  paper,  the  testimony  of  a  witness,  the 


CODE   OF   ETHICS.  XXV 

language  or  the  argument  of  opposing  counsel,  or  the  language 
of  a  decision  or  a  text-book;  or  with  knowledge  of  its  invalid- 
ity, to  cite  as  authority  a  decision  that  has  been  overruled,  or 
a  statute  that  has  been  repealed;  or  in  argument  to  assert  as 
a  fact  that  which  has  not  been  proved,  or  in  those  jurisdic- 
tions where  a  side  has  the  opening  and  closing  arguments  to 
mislead  his  opponent  by  concealing  or  withholding  positions 
in  his  opening  argument  upon  which  his  side  then  intends  to 
rely. 

It  is  unprofessional  and  dishonorable  to  deal  other  than 
candidly  with  the  facts  in  taking  the. statements  of  witnesses, 
in  drnwing  affidavits  and  other  documents,  and  in  the  presen- 
tation of  causes. 

A  lawyer  should  not  offer  evidence,  which  he  knows  the 
Court  should  reject,  in  order  to  get  the  same  before  the  jury 
by  argument  for  its  admissibility,  nor  should  he  address  to 
the  Judge  arguments  upon  any  point  not  properly  calling  for 
determination  by  him.  Neither  should  he  introduce  into  an  ar- 
gument, addressed  to  the  Court,  remarks  or  statements  in- 
tended to  influence  the  jury  or  bystanders. 

These  and  all  kindred  practices  are  unprofessional  and  un- 
worthy of  an  officer  of  the  lav/  charged,  as  is  the  lawyer,  with 
the  duty  of  aiding  in  the  administration  of  justice. 


Argiiment  and  coiKluct  of  counsel  in  general,  see  Criminal  Law, 
Cent  Dig.  §§  1(5.55-169.^ :  Dec.  Dig.  §§  G99-730 ;  Trial,  Cent.  Dig.  §§  267- 
309 ;  Deo.  Dig.  §§  lOG-133. 

Regulation  of  professional  conduct  of  attorneys  and  conduct  ground 
for  disbarment,  see  Attorney  and  Client,  Cent.  Dig.  §§  45,  51,  53,  54, 
61 ;  Dec.  Dig.  §§  32,  38,  41,  42. 

Conduct  constituting  contempt,  see  Contempt,  Cent.  Dig.  §  21 ;  Dec. 
Dig.  §  10. 

23.   Attitude  Toward  Jury. 

All  attempts  to  curry  favor  with  juries  by  fawning,  flattery 
or  pretended  solicitude  for  their  personal  comfort  are  unpro- 


XXVi  CODE  OP  ETHICS. 

fessional.  Suggestions  of  counsel,  looking  to  the  comfort  or 
convenience  of  jurors,  and  propositions  to  dispense  with  argu- 
ment, should  be  made  to  the  Court  out  of  the  jury's  hearing. 
A  lawyer  must  never  converse  privately  with  jurors  about  the 
case;  and  both  before  and  during  the  trial  he  should  avoid 
communicating  with  them,  even  as  to  matters  foreign  to  the 
cause. 

Annot. 

Argument  and  condnct  of  counsel  in  general,  see  Criminal  Law, 
Cent  Dig.  §§  1655-1687 ;  Deo.  Dis.  §§  699-726;  Trial,  Cent,  Dig.  SS  267- 
316,  729 ;  Dec.  Dig.  §§  106-133,  305. 

Argument  and  conduct  ground  for  new  trial,  see  Criminal  Law, 
Cent  Dig.  §§  2197-2201,  2255,  2205 ;  Dec.  Dig.  §§  919,  932 ;  New  Trial, 
Cent  Dig.  §§  43,  44,  92,  97-99 ;  Dec.  Dig.  §§  29,  47,  49. 

24.  Riglit  of  Iia-wyer  to  Control  the  Incidents  of  tlie  TrlaL 

As  to  incidental  matters  pending  the  trial,  not  affecting  the 
merits  of  the  cause,  or  working  substantial  prejudice  to  the 
rights  of  the  client,  such  as  forcing  the  opposite  lawyer  to 
trial  when  he  is  under  affliction  or  bereavement ;  forcing  the 
trial  on  a  particular  day  to  the  injury  of  the  opposite  lawyer 
when  no  harm  will  result  from  a  trial  at  a  different  time ; 
agreeing  to  an  extension  of  time  for  signing  a  bill  of  excep- 
tions, cross-interrogatories  and  the  like,  the  lawyer  must  be 
allowed  to  judge.  In  such  matters  no  client  has  a  right  to  de- 
mand that  his  counsel  shall  be  illiberal,  or  that  he  do  anything 
therein  repugnant  to  his  own  sense  of  honor  and  propriety. 

Annot. 

Authority  of  attorney  as  to  conduct  of  litigation,  see  Attorney  and 
Client  Cent  Dig.  §§  161-189 ;  Dec.  Dig.  §§  87-96. 

Duty  of  attorney  to  follow  instmctions  of  client,  see  Attorney  and 
aient  Cent.  Dig.  §  220 ;  Dec.  Dig.  §  108. 

25.  Taking  Technical  Advantage  of  Opposite  Counsel — Agree- 

ments With  Him. 

A  lawyer  should  not  ignore  known  customs  or  practice  of 
the  Bar  or  of  a  particular  Court,  even  when  the  law  permits, 
without  giving  timely  notice  to  the  opposing  counsel.     As  far 


CODE   OF  ETHICS.  XXVll 

as  possible,  important  agreements,  affecting  the  rights  of  cli- 
ents, should  be  reduced  to  writing;  but  it  is  dishonorable  to 
avoid  performance  of  an  agreement  fairly  made  because  it 
is  not  reduced  to  writing,  as  required  by  rules  of  Court. 

Aiinot. 

Binding  effect  of  agreements  between  counsel,  see  Attorney  and 
Client,  Cent.  Dig.  §  171. 

Validity  of  oral  stipulations,  see  Stipulations,  Cent.  Dig.  §§  5-13. 
63 ;  Dec.  Dig.  §§  6,  19. 

26.  Professional  Advocacy  Other  Thau  Before  Courts. 

A  lawyer  openly  and  in  his  true  character  may  render 
professional  services  before  legislative  or  other  bodies,  re- 
garding proposed  legislation  and  in  advocacy  of  claims  be- 
fore departments  of  government,  upon  the  same  principles  of 
ethics  which  justify  his  appearance  before  the  Courts;  but 
it  is  unprofessional  for  a  lawyer  so  engaged  to  conceal  his  at- 
torneyship, or  to  employ  secret  personal  solicitations,  or  to 
use  means  other  than  those  addressed  to  the  reason  and  under- 
standing to  influence  action. 

Annot. 

Validity  of  lobbying  contracts,  see  Contracts,  Cent.  Dig.  §§  587  -5S0 ; 
Dec.  Dig.  §  126. 

27.  Advertising,  Direct  or  Indirect. 

The  most  worthy  and  effective  advertisement  possible,  even 
for  a  young  lawyer,  and  especially  with  his  brother  lawyers, 
is  the  establishment  of  a  well-merited  reputation  for  profes- 
sional capacity  and  fidelity  to  trust.  This  cannot  be  forced, 
but  must  be  the  outcome  of  character  and  conduct.  The  pub- 
lication or  circulation  of  ordinary  simple  business  cards,  be- 
ing a  matter  of  personal  taste  or  local  custom,  and  sometimes 
of  convenience,  is  not  per  se  improper.  But  solicitation  of 
business  by  circulars  or  advertisements,  or  by  personal  com- 
munications or  interviews,  not  warranted  by  personal  rela- 
tions, is  unprofessional.     It  is  equally  unprofessional  to  pro- 


XXVlll  CODE   OF   ETHICS. 

cure  business  by  indirection  through  toutcrs  of  any  kind, 
whether  alHed  real  estate  firms  or  trust  companies  advertising 
to  secure  the  drawing  of  deeds  or  wills  or  offering  retainers 
in  exchange  for  executorships  or  trusteeships  to  be  influenced 
by  the  lawyer.  Indirect  advertisement  for  business  by  furnish- 
ing or  inspiring  newspaper  comments  concerning  causes  in 
which  the  lawyer  has  been  or  is  engaged,  or  concerning  the 
manner  of  their  conduct,  the  magnitude  of  the  interests  in- 
volved, the  importance  of  the  lawyer's  positions,  and  all  other 
like  self-laudation,  defy  the  traditions  and  lower  the  tone  of 
our  high  calling,  and  are  intolerable. 

Aiinot. 

Advertising  to  secure  divorces  as  ground  for  disbarment,  see  Attor- 
ney and  Client,  Cent.  Dig.  §  51 ;  Dec.  Dig.  §  38. 

28.    Stirring  up  Litigation,  Directly  or  Tlirougli  Agents. 

It  is  unprofessional  for  a  lawyer  to  volunteer  advice  to  bring 
a  lawsuit,  except  in  rare  cases  where  fries  of  blood,  relationship 
or  trust  make  it  his  duty  to  do  so.  Stirring  up  strife  and  liti- 
gation is  not  only  unprofessional,  but  it  is  indictable  at  com- 
mon law.  It  is  disreputable  to  hunt  up  defects  in  titles  or  oth- 
er causes  of  action  and  inform  thereof  in  order  to  be  employed 
to  bring  suit,  or  to  breed  litigation  by  seeking  out  those  with 
claims  for  personal  injuries  or  those  having  any  other  grounds 
of  action  in  order  to  secure  them  as  clients,  or  to  employ 
agents  or  runners  for  like  purposes,  or  to  pay  or  reward,  di- 
rectly or  indirectly,  those  who  bring  or  influence  the  bring- 
ing of  such  cases  to  his  office,  or  to  remunerate  policemen, 
court  or  prison  officials,  physicians,  hospital  attaches  or  others 
who  may  succeed,  under  the  guise  of  giving  disinterested 
friendly  advice,  in  influencing  the  criminal,  the  sick  and  the 
injured,  the  ignorant  or  others,  to  seek  his  professional  serv- 
ices. A  duty  to  the  public  and  to  the  profession  devolves  up- 
on every  member  of  the  Bar,  having  knowledge  of  such  prac- 


CODK   OF   ETHICS.  XXIX 

tices  upon  the  part  of  any  practitioner,  immediately  to  inform 
thereof  to  tlic  end  that  the  offender  may  be  disbarred. 

Aniiot. 

Stirring  up  litigation  and  oilier  unju-olcssiuiial  c-rMuliut,  ^Torinl  for 
disliarnient.  see  Attorney  anil  Cliont,  Cent.  Dig.  §§  47-84;  Dec.  Dig.  §S 
34-01. 

Barratry  in  yenvral.  pee  Chainiierty  and  Maintenance,  Cent.  Dig.  §S 
1-51 ;  Dec.  Dig.  §S  1-0. 

29.  Upholding  the  Honor  of  the  Profession. 

Lawyers  should  expose  without  fear  or  favor  before  the 
proper  tribunals  corrupt  or  dishonest  conduct  in  the  profes- 
sion, and  should  accept  without  hesitation  employment  against 
a  member  of  the  Bar  who  has  wronged  his  client.  The  coun- 
sel upon  the  trial  of  a  cause  in  which  perjury  has  been  com- 
mitted owe  it  to  the  profession  and  to  the  public  to  bring 'the 
matter  to  the  knowledge  of  the  prosecuting  authorities.  The 
lawyer  should  aid  in  guarding  the  Bar  against  the  admission 
to  the  profession  of  candidates  unfit  or  unqualified  because  de- 
ficient in  either  moral  character  or  education.  He  should 
strive  at  all  times  to  uphold  the  honor  and  to  maintain  the 
dignity  of  the  profession  antl  to  improve  not  only  the  law  but 
the  administration  of  justice. 

Aniiot. 

Learning  and  good  character  as  necessary  qualifications  for  admis- 
sion to  practice  law,  see  Attorney  and  Client,  Cent.  Dig.  §§  4.  ."»:  Doc. 
Dig.  §  4. 

lUght  of  attorney  to  institute  disbarment  proceedings  against  broth- 
er attorney,  see  Attorney  and  Client,  Cent.  Dig.  §  07  ;  Dec.  Dig.  §  .31. 

30.  Justifiable  and  Unjustifiable  Liitigations. 

The  lawyer  must  decline  to  conduct  a  civil  cause  or  to  make 
a  defense  when  convinced  that  it  is  intended  merely  to  harass 
or  to  injure  the  opposite  part}-  or  to  work  oppression  or  wrong. 
But  otherwise  it  is  his  right,  and,  having  accepted  retainer, 
it  becomes  his  duty  to  insist  upon  the  judgment  of  the  Court 
as  to  the  legal  merits  of  his  client's  claim.  His  appearance  in 
Court  should  be  deemed  ec|uivalcnt  to  an  assertion  on  hi^  h  mi- 


XXX  CODE   OF  ETHICS. 

or  that  in  his  opinion  his  dient's  case  is  one  proper  for  judicial 
determination. 

Aiinot. 

Nature  and  extent  of  attorney's  duty  as  to  briiii^ing,  dofendlng,  or 
c'oiuluetiiig  civil  causes,  see  Attorney  and  Client,  Cent.  Dij^.  §§  217, 
220 ;  Dec.  Dig.  §§  IOC,  108. 

Bringing  fictitious  or  unauthorized  action  as  constituting  contempt, 
see  Couteuipt,  Cent  Dig.  §  24. 

31.  Responsibility  for  Litigation. 

No  lawyer  is  obliged  to  act  either  as  adviser  or  advocate  for 
every  person  who  may  wish  to  become  his  client.  He  has  the 
right  to  decline  employment.  Every  lawyer  upon  his  own 
responsibility  must  decide  what  business  he  will  accept  as 
counsel,  what  causes  he  will  bring  into  Court  for  plaintiffs, 
what  cases  he  will  contest  in  Court  for  defendants.  The  re- 
sponsibility for  advising  questionable  transactions,  for  bring- 
ing questionable  suits,  for  urging  questionable  defenses,  is  the 
lawyer's  responsibility.  He  cannot  escape  it  by  urging  as  an 
excuse  that  he  is  only  following  his  client's  instructions. 

.Vuitut. 

Duties  and  liabilities  of  attorney  to  adverse  party  and  third  per- 
sons, and  instructions  of  client  as  excuse  for  conduct,  see  Attorney 
and  Client,  Cent.  Dig.  §§  38,  39,  220 ;  Dec.  Dig.  §§  2G,  108. 

Nature  of  attorney's  duty,  and  skill  and  care  required  in  conduct  of 
business,  see  Attorney  and  Client,  Cent.  Dig.  §§  217,  218 ;  Dec.  Dig.  §§ 
106,  107. 

32.  The  Lrawyer's  Duty  in  Its  Last  Analysis. 

No  client,  corporate  or  individual,  however  powerful,  nor 
any  cause,  civil  or  political,  however  important,  is  entitled  to 
receive,  nor  should  any  lawyer  render,  any  service  or  advice 
involving  disloyalty  to  the  law  whose  ministers  we  are,  or  dis- 
respect of  the  judicial  office,  which  we  are  bound  to  uphold, 
or  corruption  of  any  person  or  persons  exercising  a  public 
office  or  private  trust,  or  deception  or  betrayal  of  the  public. 
When  rendering  any  such  improper  service  or  advice,  the  law- 
yer invites  and  merits  stern  and  ju?t  condernnation.  Corre- 
spondingly, he  advances  the  honor  of  his  profession  and  the 


CODE   OF  ETHICS.  XXXi 

best  interests  of  his  client  when  he  renders  service  or  gives 
advice  tending  to  impress  upon  the  client  and  his  undertaking 
exact  compliance  with  the  strictest  principles  of  moral  law. 
He  must  also  observe  and  advise  his  client  to  observe  the  stat- 
ute law,  though  until  a  statute  shall  have  been  construed  and 
interpreted  by  competent  adjudication,  he  is  free  and  is  enti- 
tled to  advise  as  to  its  validity  and  as  to  what  he  conscien- 
tiously believes  to  be  its  just  meaning  and  extent.  But  above 
all  a  lawyer  will  find  his  highest  honor  in  a  deserved  reputa- 
tion for  fidelity  to  private  trust  and  to  public  duty,  as  an  hon- 
est man  and  as  a  patriotic  and  loyal  citizen. 

Aiinot. 

Duties,  privileges,  disabilities,  and  liabilities  of  attorneys  in  gen- 
eral, see  Attorney  and  Client,  Cent.  Dig.  §§  21,  26-29,  217-291 ;  Dec. 
Dig.  §§  18-21,  106-129. 

Acting  under  advice  of  counsel  as  defense  to  contempt  charge,  see 
Contempt,  Cent  Dig.  §  82 ;  Dec.  Dig.  §  28  (2). 


RULES 


ADMISSION   TO  THE   BAR 


Cl^" 


Hntteb  Staks  Courts* 


Supreme  Court. 

It  shall  be  requisite  to  the  admission  of  attorneys  or  counsel- 
ors to  practice  in  this  court  that  they  shall  have  been  such  for 
three  years  past  in  the  Supreme  Courts  of  the  states  to  which 
they  respectively  belong,  and  that  their  private  and  professional 
character  shall  appear  to  be  fair.  The  prescribed  oath  shall  be 
taken. 

Sup.  Ct.  Rule  (3  Sup.  Ct.  Rep.  v). 

Circuit  Courts  of  Appeals. 

Although  the  rule  of  the  Circuit  Courts  of  Appeals  governing 
the  admission  of  attorneys,  as  adopted  primarily,  provides  that, 
to  become  eligible,  the  applicant  shall  have  been  admitted  to  the 
Supreme  Court  or  any  Circuit  Court  of  the  United  States,  and 
shall  have  taken  the  prescribed  oath,  it  has  since  been  changed 
to  some  extent  in  several  of  the  circuits.  In  the  Third  circuit, 
the  clause  requiring  avowal  of  the  oath  has  been  annulled,  as 
respects  attorneys  of  the  Circuit  Court  of  the  Third  circuit;  in 
the  Fourth  circuit,  a  fee  of  $5  is  required;  in  the  Fifth  and 
Sixth  circuits,  a  fee  of  $10  is  required ;  in  the  Eighth  circuit, 
former  admission  to  the  highest  court  of  any  state  within  that 
circuit  is  sufficient  qualification ;  and  in  the  Ninth  circuit,  form- 
er admission  to  a  Circuit  Court  is  limited  to  admission  to  a 
Circuit  Court  of  the  Ninth  circuit,  and  is  enlarged  to  the  ex- 
tent that  former  admission  in  the  highest  court  of  any  state  or 
territory  shall  constitute  qualification. 

C.  C.  A.  Rule  and  amendments  thereto  150  Fed.  xxvii,  Ixi, 
Ixvii,  Ixxviii,  cxi,  cxxvi. 

(3) 


4  RULES    FOU    ADMISSION    TO    THE    BAR. 

Circuit  and  District  Courts. 

The  rules  for  admission  to  these  courts  vary.  Generally  at- 
torneys who  have  been  admitted  to  practice  in  other  United 
States  courts  or  the  highest  courts  of  a  state  or  territory  are 
eligible. 


FEDERAL  COURT  DECISIONS. 

U.  S.  Supreme  Court. 

A  complete  set  of  the  United  States  Supreme  Court  Reports 
(1790  to  1908)  consists  of  210  volumes.  Everything  subse- 
quent to  vol.  105  is  covered  by  the  Supreme  Court  Reporter  (of 
the  National  Reporter  System)  in  a  set  of  28  volumes.  The 
Supreme  Court  Reporter  makes  currently  one  volume  a  year, 
covering  all  the  current  decisions  filed  by  the  court,  and  is  sup- 
plied to  subscribers  in  advance  sheets  as  published ;  these  being 
displaced  at  the  end  of  the  year  by  a  bound  volume  which  con- 
tains everything  in  the  official  edition,  and  is  equipped  with  a 
table  giving  the  official  page  references. 

There  are  other  editions  of  the  United  States  Reports, — one 
giving  vols.  1  to  210  in  52  books,  and  another  giving  vols.  1  to 
210  in  about  167  books. 

XT.  S.  Circuit  Courts  of  Appeals. 

These  courts  were  established  in  1891,  and  all  opinions  from 
the  beginning  have  been  reported  currently  in  the  Federal  Re- 
porter. (See  below.)  The  back  volumes  of  this  set,  therefore, 
incorporate  all  the  reported  decisions  from  these  nine  courts, 
and  the  current  numbers  give  the  first  report  of  the  current  de- 
cisions. 

The  decisions  are  reported  separately  in  the  C.  C.  A.  Reports, 
of  which  86  volumes  are  now  completed. 


RULIOS    FOR    ADMISSION    TO    THK    DAR.  6 

U.  S.   Circuit  and   District    Courts. 

The  early  decisions  of  these  courts  were  never  systematically 
reported  until  they  were  gathered  together  for  the  elaborate  re- 
print known  as  the  Federal  Cases.  This  includes  all  decisions 
from  the  establishment  of  the  courts,  1789  to  1880,  including  all 
cases  reported  in  the  original  Reports  or  in  contemporary  jour- 
nals, etc.,  and  also  thousands  of  cases  never  before  reported. 
They  are  arranged  alphabetically,  show  every  known  citation, 
ajid  are  fully  annotated.    The  set  makes  30  books  and  a  digest. 

From  1880  the  decisions  of  these  courts  have  been  systemat- 
ically and  currently  reported  in  the  Federal- Reporter,  which 
now  (1909)  has  completed  164  volumes.  This  is  the  only  pub- 
lication which  reports  these  important  cases  systematically,  and 
it  is  practically  the  official  organ  of  the  courts.  The  current 
volumes  are  supplied  to  subscribers  first  in  weekly  advance 
sheets,  which  are  afterwards  displaced  by  the  bound  volumes. 
This  set  connects  with  the  Federal  Cases,  the  two  series  making 
a  complete  record  of  the  U.  S.  Circuit  and  District  Court  deci- 
sions. 

In  1891  the  scope  of  the  publication  was  extended  to  include 
the  newly-established  Circuit  Courts  of  Appeals. 

Prices  and  full  information  given  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Ctlabama. 


Citizensliip — Age — Character. 

The  rules  for  admission  to  the  bar  in  this  state  provide  that 
the  applicant  shall  be  a  citizen  of  the  United  States  and  a  resi- 
dent of  Alabama,  of  full  age  and  of  good  moral  character. 

Who  may  Apply  for  License. 

Any  person  satisfying  the  above  requirements,  who  shall 
have  studied  law  for  18  months,  may  make  written  application 
to  the  chancery,  circuit,  or  city  court  in  the  county  of  his  resi- 
dence, and  the  applicant's  qualifications,  other  than  legal,  shall 
be  passed  upon  by  the  court.  If  applicant's  qualifications,  oth- 
er than  legal,  are  satisfactory,  certificate  to  that  effect  will  be 
forwarded  by  the  court  to  the  clerk  of  the  Supreme  Court,  and 
by  him  delivered  to  the  chairman  of  the  Board  of  Examiners. 

Examination — Regulations — Scope — Fee. 

At  the  regular  meetings  of  the  Board  of  Examiners,  which 
shall  be  held  at  the  Capitol  on  the  second  Tuesdays  in  Febru- 
ary and  July,  all  applicants  whose  names  shall  have  been  pre- 
sented to  the  chairman  as  being  possessed  of  all  the  necessary 
qualifications  except  legal  learning,  and  who  shall  have  paid  to 
the  clerk  of  the  Supreme  Court  the  fee  of  $10,  may  be  exam- 
ined. The  examination  shall  be  in  writing,  and  shall  consist  of 
questions  upon  the  following  subjects :  The  Law  of  Real  Prop- 
erty, Personal  Property,  Pleading  and  Evidence,  Commercial 
Law,  Criminal  Law,  Chancery  and  Chancery  Pleadings,  the 
Statute  Law  of  the  State,  the  Constitutions  of  the  United 
States  and  the  State  of  Alabama,  the  Political   History  of 

(6) 


RULES    FOR    ADMISSION    TO    THE    BAR.  7 

the  United  States  and  the  Formation  of  Constitutional  Govern- 
ments Therein,  and  the  subject  of  Professional  Ethics.  Every 
examination  held  shall  be  substantially  different  from  any  ex- 
amination previously  held,  so  that  applicants  cannot  by  the 
study  of  any  previous  examination  qualify  themselves  to  pass. 
Examination  papers  shall  be  duly  passed  upon  by  the  board  of 
examiners,  and  those  which  are,  in  the  opinion  of  the  majority 
of  the  board,  sufficient  to  entitle  the  applicant  to  admission, 
shall  be  delivered  to  the  clerk  of  the  Supreme  Court,  and  by 
him  presented  to  one  of  the  judges  of  the  Supreme  Court.  Li- 
cense will  thereupon  be  issued  to  the  successful  applicant. 
Those  applicants  who  fail  to  pass  the  examination  may  be 
permitted  to  make  another  application  after  the  expiration  of 
six  months  upon  paying  the  stipulated  fee  of  $10. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  attorney  removing  to  this  state,  who  has  practiced  be- 
fore the  Supreme  Court  of  another  state  for  two  years,  may 
be  admitted  to  practice  in  all  the  courts  of  this  state  upon  mo- 
tion before  the  Supreme  Court,  supported  by  such  evidence  of 
his  qualifications  and  legal  learning  as  the  court  may  consider 
sufficient  to  entitle  him  to  admission. 

Miscellaneous. 

Minors  may  be  licensed  by  fulfilling  the  above  requirements, 
if  deemed  by  the  court  of  sufficient  maturity,  character,  and  at- 
tainments. 

Attorneys  at  law  residing  in  other  states,  having  a  license  to 
practice  law  therein,  may  practice  in  any  of  the  courts  of  this 
state,  when  by  law  the  a:ttorneys  of  this  state  are  permitted  to 
practice  in  such  state. 

Admission  on  Diploma. 

A  diploma  from  the  University  of  Alabama,  conferring  tbe 
degree  of  Bachelor  of  Laws,  admits  without  examination,  upon 
proof  of  other  qualifications  required  by  the  statute. 


8  RULES    FOK    ADMISSION    TO    THE    BAR. 

Source  of  Rules. 

Civ.  Code  1907,  §  3973  et  seq.;  Rules  Sup.  Ct. 


ALABAMA  DECISIONS. 
1820  to  1909. 

A  complete  set  of  Alabama  Reports  (down  to  1909)  con- 
sists of : 

Minor,  1  vol. 

Stewart,  3  vols. 

Stewart  &  Porter,  5  vols. 

Porter,  9  vols. 

Alabama,  vols.  1  to  151. 
We  are  reprinting  the  Alabama  Reports,  vols.  1  to  80  and  the 
18  preliminary  volumes,  in  a  series  of  49  books  (2  vols,  in  a 
book),  beginning  with  vol.  80  and  working  backward.  This 
Reprint  preserves  everything  (including  the  paging)  in  the 
original  Reports.  Each  case  is  fully  annotated,  showing  where 
such  case  has  been  subsequently  cited  by  the  Alabama  Supreme 
Court,  as  well  as  prior  and  subsequent  reports  of  the  same  case, 
and  also  showing  the  disposition  of  each  case  that  has  gone  to 
the  United  States  Supreme  Court.  Annotations  to  the  Century 
Digest  have  also  been  made,  showing,  in  connection  with  each 
case,  the  exact  places  in  the  Century  Digest  where  the  cognate 
authorities  have  been  collected  and  compared,  thus  bringing  to- 
gether all  the  law  applicable  to  any  particular  case.  This  Re- 
print will  be  sold  in  complete  sets  only.  Books  12  to  49,  cover- 
ing vols.  5  to  80  Alabama,  have  now  been  issued.  Write  for 
prices  and  specific  information. 

Vols.  81  to  9A  of  the  Alabama  Reports  are  out  of  print,  and 
are  r^ry  scarce  and  expensive.    The  only  convenient  method  oi 


RULES    FOR    ADMISSION    TO    THIS    BAR.  5* 

obtaining  the  later  Alabama  decisions  is  through  the  Southern 
Reporter,  48  vols.  This  set  contains  all  decisions  in  Alabama, 
vols.  81  to  151,  in  addition  to  a  number  of  Alabama  cases  which 
are  not  reported  in  the  official  reports  ;  also  all  decisions  for  the 
last  22  years  of  Florida,  Louisiana,  and  Mississippi.  Tables  of 
cross-citations  furnished  with  the  Southern  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  vol- 
ume and  page.  The  set  and  continuations  are  sold  at  a  fraction 
of  the  cost  of  the  State  Reports  covered.  In  fact,  the  cost  of 
continuing  the  Alabama  Reports  alone  is  much  in  excess  of  the 
cost  of  continuing  the  Southern  Reporter.  Prices  and  full  in- 
formation will  be  furnished  on  request. 

West  Publishinq  Co.,  St.  Paul,  MIdq. 


CtlasUa. 

CitizenshixH— Age — Character. 

One  applying  for  admission  to  practice  in  this  district  shall 
be  a  citizen  of  the  United  States,  or  one  who  h^s  declared  his 
intention  ol  becoming  such,  a  resident  of  the  district,  21  years 
of  age,  and  of  good  moral  character. 

Examination— Regulations— Scope — Fee. 

The  application,  stating  the  foregoing  qualifications,  shall  be 
filed  with  the  district  court.  The  judges  thereof,  or  their  ap- 
pointees, shall  examine  the  candidate  as  to  his  legal  attain- 
ments, and  the  court  shall  administer  the  prescribed  oath  of 
office  if  the  examiners  so  advise.  A  fee  of  $10  shall  be  de- 
posited with  the  clerk  issuing  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Whenever  an  applicant  shall  produce  evidence  of  previous 
admission  in  the  highest  court  of  a  state  or  territory  of  the  Uni- 
ted States,  or  in  the  Supreme  Court  or  a  Circuit  Court  of  the 
United  States,  such  applicant  may  be  admitted  without  further 
examination. 

Miscellaneous. 

Women  shall  be  admitted  to  practice  in  this  district  up«n  the 
same  conditipns  as  men. 

Source  of  Rules. 

81  Stat.  p.  448,  §§  733-736;  Carter's  Codes,  c  rs. 

(10) 


RULES   FOR   ADMISSION    TO    THE    BAR.  11 

ALASKA  DECISIONS. 

1867  to  1907. 

There  are  two  volumes  of  Alaska  Reports  to  date,  covering 
from  the  organization  of  Alaska  as  district  court  in  1884  to 
1906. 

The  earlier  cases  which  arose  in  Alaska  are  reported  in  the 
Federal  Cases  and  Federal  Reporter.  Write  us  for  prices  and 
full  information  regarding  the  Alaska  Reports. 

West  Publishing  Co.,  St.  Paul,  Minn. 


CTrizona. 


Citizensliip — Age — Character. 

The  candidate  for  admission  to  the  bar  of  this  territory 
must  be  a  citizen  of  the  United  States,  a  resident  of  this  ter- 
ritory, 21  years  of  age,  and  of  good  moral  character,  which  last 
shall  be  certified  to  by  some  reputable  attorney  of  this  territory. 

Term  of  Study. 

A  three  years'  course  of  study  is  required,  to  be  pursued 
either  in  the  office  of  some  attorney  in  good  standing  or  in 
some  recognized  law  school  or  university.  Certificate  of  such 
attorney  or  the  dean  of  such  law  school  must  be  produced  as 
proof  of  the  term  of  study, 

Elxamination — Regulations — Scope — Fee. 

The  applicant  shall  be  required  to  submit  to  a  written  exam- 
ination, and  to  an  oral  one,  if  deemed  necessary,  and  shall  be 
required  to  answer  correctly  a  minimum  of  70  per  cent,  of  the 
questions  propounded,  in  order  to  entitle  him  to  the  certificate 
of  the  Board  of  Examiners.  Examinations  will  be  upon  the 
principles  of  the  common  law  applicable  to  Real  Property, 
Torts,  Evidence,  Pleading,  Contracts,  Negotiable  Instruments, 
Criminal  Law,  Equity,  and  such  other  subjects  as  the  board 
may  from  time  to  time  select.  Prior  to  examination  applicant 
shall  pay  to  the  clerk  of  the  Supreme  Court  a  fee  of  $10,  and 
an  additional  fee  of  $10  shall  be  paid  on  receipt  of  license  to 
practice.  Applicants  who  successfully  pass  the  examination 
will  receive  a  certificate  from  the  Board  of  Examiners,  which, 
when  presented  to  the  Supreme  Court,  will  entitle  them  to  a 
license.  Any  applicant  failing  to  pass  the  examination  may 
apply  again  after  six  months. 

(12) 


riULBS    FOR    ADMISSION    TO    THE    BAR.  13 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  applicant  residing  within  or  without  the  territory,  who 
has  been  a  member  of  the  bar  of  another  territory  or  state, 
or  of  the  District  of  Columbia,  in  good  standing  and  active 
practice  for  at  least  six  years  last  past,  may  be  admitted  on 
motion  made  by  some  member  of  the  bar  of  the  Supreme  Court, 
upon  producing  a  certificate  showing  the  fact  of  such  admis- 
sion and  that  he  is  still  in  good  standing  in  that  court,  to- 
gether with  the  recommendation  of  at  least  one  of  the  judges 
of  said  court  of  last  resort.  A  fee  of  $10  shall  be  paid  for  the 
issuance  of  a  license. 

Miscellaneous. 

Attorneys  licensed  in  any  of  the  district  courts  of  the  terri- 
tory may  be  admitted  to  practice  in  the  Supreme  Court  on  mo- 
tion made  m  open  court  by  any  attorney  of  the  Supreme  Court. 
The  Board  of  Examiners  holds  two  sessions  annually,  one  on 
the  second  Monday  in  January,  and  one  on  the  second  day  prior 
to  the  day  appointed  by  the  Supreme  Court  for  its  fall  session, 
both  being  held  in  the  courtroom  of  the  district  court  of  Mari- 
copa county,  in  Phoenix,  Ariz.  Applications,  on  blank  forni*^ 
which  may  be  procured  of  the  secretary,  George  B.  Stoneman. 
Globe,  Ariz.,  should  be  filed  with  the  secretary  at  least  four 
weeks  before  the  examination.  Each  application  must  be  ac- 
companied by  the  receipt  of  the  clerk  of  the  Supreme  Court 
showing  that  the  examination  fee  of  $10  has  been  paid. 

Source  of  Rules. 

Act  April  1,  1907,  c.  76 ;  Rules  of  IJoard  of  Examiners. 


ARIZONA  DECISIONS. 

1866  to  1909. 

A  complete  set  of  Arizona  Reports  (down  to  1909)  consists 
of  9  vols.    All  the  decisions  in  vols.  1  to  9  and  all  other  Arizona 


14  RULES    FOR    ADMISSION    TO    THE    BAB. 

decisions  are  reported  in  the  Pacific  Reporter,  97  vols.,  together 
with  all  decisions  for  the  last  26  years  from  California,  Colora- 
do, Idaho,  Kansas,  Montana,  Nevada,  New  Mexico,  Oklahoma, 
Oregon,  Utah,  Washington,  and  Wyoming. 

The  Pacific  Reporter,  being  the  only  medium  through  which 
the  current  Arizona  decisions  may  be  had,  is  absolutely  essen- 
tial to  the  local  practitioner.  We  will  quote  prices,  etc.,  on  ap- 
plication. 

West  Publishing  Ck).,  St.  Paul,  Minn. 


Ctrkansas, 


Cltizenslilp— Age — Character. 

A  petitioner  for  admission  to  practice  must  be  a  citizen  of  the 
United  States,  a  bona  fide  resident  of  the  state,  21  years  of  age, 
and  of  good  moral  character. 

Examination — Regulations — Scope. 

The  appUcation,  containing  sworn  statements  of  petitioner's 

general  qualifications  enumerated  above,  shall  be  presented  to 
a  court  of  record  of  the  state,  and  passed  upon  by  that  court, 
and,  if  satisfactoty,  shall  be  followed  by  a  test  in  open  court  of 
the  applicant's  legal  attainments.  In  the  discretion  of  the  court, 
based  upon  the  result  of  the  test,  the  oath  prescribed  by  law 
shall  be  administered  and  the  applicant  admitted  to  practice  in 
that  court. 

Admission  on  Diploma. 

A  diploma  from  the  law  department  of  the  University  of 
Arkansas  admits  the  holder  to  practice  without  examination, 
upon  payment  to  the  clerk  of  the  Supreme  Court  of  a  fee  of 
$5.  License  to  practice  in  the  Supreme  Court  entitles  the  hold- 
er to  practice  law  in  all  other  courts  of  the  state. 

Source  of  Rules. 

Kirby's  Dig.  §§  441-444,  3489. 


ARKANSAS  DECISIONS. 

1837  to  1909. 

A  complete  set  of  Arkansas  Reports  (down  to  1909)  consists 
of  85  vols.     All  decisions  in  Arkansas,  vols.  47  to  85,  are  re- 

(15) 


16  RULES    FOR   ADMISSION    TO    THD    BAR. 

ported  in  the  Southwestern  Reporter,  114  vols.  The  Arkansas 
Reports  are  partly  out  of  print,  and  are  scarce  and  rather  ex- 
pensive. The  Southwestern  Reporter  is  the  only  convenient 
method  of  obtaining  the  late  decisions  of  Arkansas.  It  also 
covers  all  decisions  for  the  last  23  years  from  the  Indian  Ter- 
ritory, Kentucky,  Missouri,  Tennessee,  and  Texas.  The  tables 
of  cross-citations  furnished  with  the  Southwestern  make  it  a 
simple  matter  to  find  the  cases,  even  if  cited  by  the  State  Re- 
port page  and  volume.  We  will  gladly  furnish  full  description 
and  prices  on  application. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Caltfornia. 


Citizenshii) — Age — Character. 

Any  citizen,  or  resident  who  has  bona  fide  declared  his  inten- 
tion of  becoming  a  citizen,  who  is  of  the  age  of  21  years  and  of 
good  moral  character,  shall  be  entitled  to  undergo  the  examina- 
tion of  legal  qualifications  that  is  required  precedent  to  admis- 
sion to  practice. 

Term  of  Study. 

In  the  certificate  filed  by  two  lawyers  of  the  court  as  an 
accompaniment  to  the  application,  an  opinion  of  these  lawyers, 
based  upon  personal  inspection,  shall  be  expressed  as  to  the 
time  given  in  preparation  by  the  applicant. 

Examination — Regulations — Scope — Fee. 

The  application  shall  be  filed  with  the  clerk  of  the  District 
Court  of  Appeal,  and  shall  have  annexed  thereto  the  certificate 
of  two  lawyers  of  good  standing  who  have  been  engaged  in 
practice  for  at  least  four  years,  attesting  that  they  have  care- 
fully questioned  applicant  upon  the  branches  of  law  and  have 
considered  the  period  stated  as  the  approximate  term  of  study, 
and  setting  forth  the  place  at  which  and  the  person  under  whom 
such  study  has  been  prosecuted,  the  books  that  have  been  read, 
and  the  other  appropriate  attainments  applicant  may  have  ac- 
quired. The  examination  is  oral,  and  shall  consist  of  queries 
upon  the  subjects  of  Blackstone's  Commentaries,  Kent's  Com- 
mentaries, Greenleaf's  Evidence  (first  volume),  Story's  Equity 
Jurisprudence,  Gould's  Pleading,  Lube's  Equity  Pleading,  Par- 
sons on  Contracts,  Pomeroy's  Introduction  to  Municipal  Law, 
Code  of  Civil  Procedure,  Civil  Code,  and  the  Constitutions  of 
the  United  States  and  state  of  California.  If  the  examination 
2  07) 


18  RULES    FOR    ADMISSION    TO    THE    BAB. 

is  passed  satisfactorily,  the  applicant  shall  receive  a  certificate, 
'and  the  oath  of  office  and  permission  to  practice ;  but  no  per- 
son rejected  shall  be  at  liberty  to  renew  the  application  earlier 
than  the  third  regular  term  next  after  such  rejection.  A  fee  of 
$10  shall  in  all  cases  be  deposited  with  the  clerk  of  the  court, 
to  be  returned  in  case  of  failure  to  pass. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Every  citizen  of  the  United  States,  or  resident  of  this  state 
who  has  bona  fide  declared  his  intention  of  becoming  a  citizen, 
who  has  been  licensed  to  practice  in  another  jurisdiction  where 
the  common  law  prevails  as  a  basis,  may  be  admitted  to  practice 
in  this  state  by  any  District  Court  of  Appeal  upon  production 
of  such  license  and  proof  of  good  moral  character;  but  the 
court  may  examine  the  applicant  as  to  his  qualifications. 

Miscellaneons. 

Applications  shall  in  all  mstances  be  made  before  one  of  the 
District  Courts  of  Appeal.  There  are  three  districts :  First,  at 
San  Francisco ;  second,  at  Los  Angeles ;  and,  third,  at  Sacra- 
mento. Each  district  regulates  its  own  examinations  as  to  time. 
Qualification  before  the  District  Court  of  Appeal  admits  to 
practice  in  every  court  in  the  state,  including  Supreme  Court. 
The  foregoing  rules  apply  to  women  as  well  as  to  men. 

Source  of  Rules. 

Code  Civ.  Proc.  1906,  §§  275-279.  Sup.  Ct.  &  Dist.  Ct.  App. 
Rules,  in  effect  February  18,  1905  (78  Pac.  vii). 


CALIFORNIA  DECISIONS, 

1850  to  1909. 

A  complete  set  of  California  Reports  (down  to  1909)  con- 
sists of  153  vols.     The  Pacific   Reporter,  97  vols.,  contains 


RULES    rOR   ADMI^ION    TO    THB    BAR.  19 

all  the  decisions  in  California,  vols.  64  to  153,  and  also  up- 
ward of  1,800  California  decisions,  which  have  been  omitted 
from  the  state  reports.  These  represent  enough  matter  to  make 
about  20  additional  volumes  of  California  Reports.  Under 
constitutional  amendment,  adopted  Nov.  8,  1904,  the  District 
Courts  of  Appeal  were  established,  for  the  purpose  of  relieving 
the  pressure  on  the  Supreme  Court.  The  decisions  of  these 
courts  are  published  in  a  series  known  as  "California  Appeals 
Reports,"  of  which  6  volumes  have  been  published  to  date. 
These  decisions  are  also  reported  in  full  in  the  Pacific  Re- 
porter. The  Pacific  Reporter  also  contains  all  decisions  for  the 
last  26  years  from  Arizona,  Colorado,  Idaho,  Kansas,  Montana, 
Nevada,  New  Mexico,  Oklahoma,  Oregon,  Utah,  Washington, 
and  Wyoming.  The  tables  of  cross-citations  furnished  with 
the  Pacific  make  it  a  simple  matter  to  find  the  cases,  even  if 
cited  by  the  State  Report  page  and  volume.  Write  for  full 
information  and  price. 

West  Publishing  Ck).,  St.  Paul,  Minn. 


Colorabo. 


Citizensbip — Age — Character. 

To  entitle  an  ai)plicant  to  the  examination  for  a  license,  lie 
must  prove  to  the  satisfaction  of  the  committee  of  examiners 
that  he  is  a  citizen  of  the  United  States,  or  has  declared  his  in- 
tention, a  resident  of  this  state,  of  full  age,  and  of  good  moral 
character. 

General  Education. 

The  applicant  must  present  a  30-count  certificate  from  the 
regents  of  the  University  of  New  York,  or  must  satisfy  the 
committee  that  he  has  graduated  from  an  approved  high  ir 
preparatory  school,  or  has  been  admitted  as  a  regular  student 
in  an  approved  college  or  university,  or  that  he  has  passed  an 
examination  before  the  state  superintendent  of  public  instruc- 
tion in  the  following  subjects:  English  Literature.  Civil  Gov- 
ernment, Algebra  to  Quadratic  Equations,  Plane  Geometry, 
General  History,  History  of  England,  and  the  History  of  the 
United  States. 

Term  of  Study. 

A  regular  clerkship  shall  be  served  in  the  office  of  a  practi- 
cing attorney  of  the  Supreme  Court  of  this  state  after  the  age 
of  18  has  been  reached,  or  after  such  age  a  course  of  study  in 
an  approved  law  school  shall  be  pursued,  before  permission  will 
be  granted  to  enter  upon  the  examination.  The  duration  of 
the  period  so  spent  shall  be  three  years,  and  may  be  apportioned 
between  the  two  modes  of  study. 

Examination — Regulations— Scope — Fee. 

The  committee  of  examiners  shall  consist  of  five  members 
of  the  bar,  each  of  five  years'  standing.     Before  examination 

(20) 


RULES    FOR    ADMISSION    TO    TUE    BAR.  21 

the  candidate  shall  satisfy  the  committee  that  he  has  not  under- 
g-one  an  exaniination  for  a  license  to  practice,  and  been  re- 
fused admission,  within  six  months  immediately  preceding. 
He  must  also  satisfy  the  committee  that  he  possesses  the  neces- 
sary educational  qualifications,  as  outlined  above,  and  that  he 
has  studied  law  according-  to  the  conditions  above  prescribed. 
The  test  shall  consist  of  oral  or  written  questions  and  answers, 
or  partly  oral  and  partly  written,  as  the  board  of  examiners 
may  select.  A  fee  of  $20  shall  be  paid  to  the  clerk  of  the  Su- 
preme Court  before  license  is  issued. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  duly  licensed  to  practice  in  the  highest  court  of  a  for- 
eign state  or  country,  and  who  has  practiced  therein  for  five 
years,  may  be  admitted  in  this  state  watli  or  without  examina- 
tion, in  the  discretion  of  the  Supreme  Court,  provided  that  the 
requirements  in  said  state  or  country  are  equal  to  those  in  this 
state.  This  proviso  does  not  apply  to  an  attorney  of  ten  years' 
standing  in  another  jurisdiction,  however.  Such  person  may 
be  admitted  upon  furnishing  satisfactory  proof  of  having  ful- 
filled the  qualifications  as  to  citizenship,  residence,  age,  and 
character,  together  with  a  statement  of  the  community  in  which 
he  resided  and  practiced  for  the  five  years  next  preceding-  the 
date  of  his  application,  and  a  certificate  of  recommendation 
from  one  of  the  judges  of  the  highest  court  of  such  commun- 
ity. The  committee  shall  be  entitled  to  hold  the  application  60 
days  for  the  purpose  of  investigating  the  character  and  qualifi- 
cations of  the  applicant. 

An  attorney  who  has  practiced  in  the.highest  court  of  anoth- 
er state  or  country  for  one  year  may  be  admitted  to  examina- 
tion after  a  period  of  one  year's  law  study  within  this  state, 
said  law  study  to  be  pursued  after  the  period  of  practice  has 
been  completed. 


22  RULES    FOR    ADMISSION    TO    THE    BAR. 

No  person  shall  be  admitted  to  practice  in  this  state  upon 
proof  of  admission  in  some  other  state,  if  at  the  time  of  such 
admission  he  was  a  citizen  of  this  state;  nor  shall  any  person 
be  admitted  before  furnishing  satisfactory  proof  that  he  has 
never  been  disbarred  by  any  court  of  record  and  that  he  has 
never  been  convicted  of  felony. 

Miscellaneous. 

Examinations  will  be  held  twice  a  year  during  the  months  of 
June  and  December,  at  the  Supreme  Court  rooms  at  Denver. 
No  person  shall  be  denied  a  license  to  practice  as  aforesaid  on 
account  of  race  or  sex. 

In  the  oath  required  of  the  applicant,  he  shall  agree  to  com- 
mence the  practice  of  law  within  three  months  from  the  date  of 
admission  and  to  make  the  same  his  permanent  and  usual  oc- 
cupation. 

Source  of  Rules. 

Rev.  St.  1908,  §§  229  et  seq. ;  Sup.  Ct.  Rules  39-47  (80  Pa«. 
xi-xiii). 


COLORADO  DECISIONS. 

1864  to  1909. 

A  complete  set  of  Colorado  Reports  (down  to  1909)  con 
sists  of : 

Colorado  Supreme,  42  vols.,  1864  to  1909. 
Colorado  Appeals,  20  vols.,  1891  to  1907. 
ATI  the  decisions  in  Colorado  Supreme,  vols.  7  to  42,  and  all 
decisions  of  the  Colorado  Court  of  Appeals,  are  reported  in  the 
Pacific  Reporter,  97  vols,,  together  with  all  decisions  for  the 
last  26  years  from  Arizona,  California,  Idaho,  Kansas,  Mon- 
tana, Nevada,  New  Mexico,  Oklahoma,  Oregon.  Utah,  Wash- 


RULES    FOR    ADMISSION    TO    THE    BAR.  23 

ington,    and  Wyoming.     Tables    of   cross-citations  make   the 
cases  perfectly  available,  however  cited. 

Owing  to  the  large  amount  of  mining  litigation  in  Colorado, 
the  Pacific  is  of  particular  importance  there,  as  it  contains  the 
decisions  of  all  the  West  Coast  states,  in  which  the  same  ques- 
tions are  likely  to  have  arisen.  Write  for  prices  and  full  infor- 
mation. 

West  Publishing  Co.,  St.  Paul,  Minn. 


(£onnecticui 


CHtizenship — Age— Character. 

The  candidate  for  admission  to  the  bar  shall  prove  to  the  sat- 
isfaction of  the  committee  that  he  is  a  citizen  of  the  United 
States,  21  years  of  age,  and  of  good  moral  character,  provided 
that,  in  case  he  shall  reach  his  majority  before  the  next  semi- 
annual meeting"  of  the  committee,  he  shall  be  admitted  to  the 
examination  and,  upon  recommendation,  admitted  to  practice 
after  he  shall  become  21. 

General  Edncation. 

He  shall  satisfy  the  committee  that  he  has  graduated  from 
a  high  school,  college,  or  preparatory  school  of  approved  stand- 
ing, or  has  been  admitted  to  a  law  school,  the  requirements  for 
entrance  to  which  shall  be  approved  by  the  committee,  or,  in 
the  absence  of  these  qualifications,  shall  pass  an  examination 
upon  his  literary  qualifications  before  the  committee.  A  fee  of 
$5  must  be  paid  in  case  such  examination  is  necessary. 

Term  of  Study. 

He  shall  certify  to  the  committee,  too,  that  after  arriving  at 
the  age  of  18  he  has  studied  for  three  years  in  a  law  school  or 
in  an  office  under  the  supervision  of  a  practicing  attorney,  or 
both,  provided  that,  in  the  case  of  those  not  graduates  of  a  law 
school,  at  least  one  year  of  such  study  shall  be  spent  in  this 
state. 

Examinations^ReguIatioiLS — Scope — Fee. 

Previous  to  the  examination  an  application  shall  be  filed  with 
the  clerk  of  the  superior  court  where  the  examination  is  held, 
containing  a  certificate  from  the  clerk  of  the  superior  court  of 

(24) 


KLLES    FOR    ADMISSION    TO    THE    BAR.  25 

the  county  in  which  he  intends  to  apply  (which  must  be  the 
county  in  which  he  resides,  if  a  resident  of  the  state;  if  not,  the 
county  in  which  he  pursued  his  studies,  or  intends  to  reside), 
stating  that  the  candidate  has  filed  an  application,  accompanied 
by  a  certificate  of  good  moral  character  signed  by  two  mem- 
bers of  the  bar  of  at  least  five  years'  standing,  on  or  before  May 
1st  for  the  June  examination,  and  on  or  before  December  1st 
for  tlie  December  examination,  and  that  it  was  approved  by  the 
bar  vu'  the  county.  The  examination  is  in  writing,  conducted 
by  a  committee  consisting  of  15  members  of  the  bar,  and  cov- 
ers the  following  subjects:  Contracts,  including  the  law  of 
Agency ;  Arbitration  and  Award,  Bailments,  Carriers,  Insur- 
ance, Negotiable  Paper,  Partnership,  Principal  and  Surety, 
Sales  and  the  Statutes  of  Frauds  and  Limitations,  Real  Prop- 
erty, Equity,  Torts,  Evidence,  Pleading  and  Practice,  including 
Common-Law  and  Code  Pleading  and  the  Connecticut  Prac- 
tice Act  and  Rules  of  Practice,  Criminal  Law  and  Procedure, 
Constitutional  Law,  Corporations  (public  and  private),  Per- 
sons and  Domestic  Relations,  Wills  and  Administration,  and 
the  Constitution  and  Statutes  of  Connecticut.  A  fee  of  $10 
shall  accompany  the  application,  and  in  case  of  success  in  the 
test  another  fee  of  $5  shall  be  deposited  with  the  clerk  who 
issues  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  licensed  in  the  highest  court  of  another  state 
may  be  admitted  to  examination  upon  satisfactory  proof  that 
he  has  been  duly  admitted  in  such  state ;  that  he  is  a  citizen  of 
the  United  States  and  a  resident  of  the  state,  or  intends  to  be- 
come a  resident,  21  years  of  age,  and  of  good  moral  character; 
that  he  has  filed  w4th  the  clerk  of  the  superior  court  of  the 
county  in  which  the  examination  is  to  be  held  a  certificate  from 
the  clerk  of  the  superior  court  of  the  county  in  which  he  in- 


26  RULES    KOU    AI^-MIS.SIOM    TO    THE    BAR. 

tends  to  apply  (which  must  be  the  county  in  which  he  resides 
or  intends  to  reside),  stating  that  the  candidate  has  filed  an  ap- 
plication, accompanied  by  a  certificate  of  good  moral  character 
signed  by  two  members  of  the  bar  of  at  least  five  years'  stand- 
ing, on  or  before  May  1st  for  the  June  examination,  and  on  or 
before  December  1st  for  the  December  examination;  and  that 
such  application  has  been  approved  by  the  bar  of  the  county. 
One  such  who  has  practiced  for  three  years  before  the  bar  of 
another  state  may  be  admitted  without  examination  upon  vote 
of  the  bar  of  the  county  in  which  he  applies  (which  must  be  the 
county  in  which  he  resides  or  intends  to  reside),  provided  he 
possesses  the  general  qualifications  required  of  other  applicants 
and  has  filed  with  the  clerk  of  the  superior  court  of  such  coun- 
ty notice  of  his  intention  to  apply,  together  with  a  certificate 
of  good  moral  character  signed  by  at  least  two  members  of  the 
bar  of  five  years'  standing,  or  a  like  certificate  signed  by  a 
judge  of  the  highest  court  of  original  jurisdiction  of  the  state 
in  which  he  last  practiced. 

Miscellaneous. 

It  shall  be  the  duty  of  every  attorney  in  this  state  who  takes 
a  pupil  for  instruction  to  register  the  name  and  the  date  of  the 
beginning  of  study  of  such  pupil,  and  the  computation  of  tlie 
term  of  study  shall  commence  with  such  registration. 

Examinations  are  held  at  10  a.  m.  in  the  Supreme  Court 
room  at  Hartford  on  the  Friday  after  Christmas  (if  this  or  the 
following  day  is  New  Years,  then  the  second  day  before  New 
Years),  and  at  New  Haven  on  the  third  Thursday  before  the 
last  Monday  of  June  at  the  Yale  Law  School  Building,  at  ibe 
s-ame  hour. 

Source  of  Rules. 

Rules  Super.  Q.  Ja«.  1,  190€. 


EULES    FOR    ADMISSION    TO    THE    BAE.  27 

CONNECTICUT  DECISIONS. 

1785  to  1909. 

A  complete  set  of  Connecticut  Reports  (down  to  1909)  con- 
sists of: 

Kirby,  1  vol. 

Root,  2  vols. 

Day,  5  vols. 

Connecticut,  80  vols. 
The  Atlantic  Reporter,  71  vols.,  contains  all  decisions  from 
and  including  vol.  53  Conn.,  and  also  all  decisions  for  the  past 
34  years  for  Delaw^are,  Maine,  Maryland,  New  Hampshire, 
New  Jersey,  Pennsylvania,  Rhode  Island,  and  Vermont.  It 
contains,  also,  hundreds  of  decisions  omitted  from  the  State 
Reports.  Tables  of  cross-citations  make  the  cases  perfectly 
available,  however  cited.  We  will  be  pleased  to  furnish  spe- 
cific information  and  prices  on  application. 

West  Pttbltshing  Co.,  St  Pnnl.  lilim. 


X)elatpare. 


Citizcnshii)— Age — Cliaracter. 

The  candidate  shall  be  a  resident  of  this  state  and  of  the 
county  m  which  he  is  registered,  18  years  of  age  before  reg- 
istration, and  of  good  moral  character. 

Geueral  Education. 

lie  shall  be  possessed  of  the  elements  of  a  liberal  educa- 
tion, which  shall  be  evidenced  by  the  diploma  of  a  univer- 
sity or  college  in  good  standing  conferring  the  degree  of 
Bachelor  of  Arts  or  Bachelor  of  Science,  or  by  passing  an 
examination  before  the  Board  of  Examiners  upon  the  fol- 
lowing subjects:  Language,  Modern  Geography,  Higher 
Mathematics,  United  States  and  English  History.  If  the 
above  requirements  are  fulfilled,  he  shall  receive  a  certificate 
from  the  Board  of  Examiners,  stating  that  he  has  been  found 
upon  examination  to  be  qualified  to  commence  the  study  of 
law.  This  certificate  must  contain  the  approval  of  some 
judge  of  the  state  and  a  statement  from  the  student's  pre- 
ceptor that  said  student  began  the  study  of  law  upon  a  cer- 
tain date.  Said  certificate  will  be  filed  in  the  Prothonotary's 
office. 

Term  of  Study. 

A  preliminary  term  of  study  of  three  years  in  tne  office  of 
a  practicing  attorney  of  ten  years'  standing  shall  be  pursued  be- 
fore the  examination. 

Examination — Regulations — Scope. 

The  test  of  legal  qualifications  shall  be  such  as  the  board  of 
examiners  may  decide  upon.  The  oath  prescribed  by  law  shall 
follow,  if  the  general  qualifications  before  mentioned  have 
been  fulfilled. 

(28) 


RULES    FOR    ADMISSION    TO    THE    BAR.  29 

Admission  of  Attorneys  from  Otlier  Jurisdictions. 

Any  attorney  residing  in  this  state,  of  good  moral  char- 
acter, who  has  practiced  for  three  years  in  the  court  of  last 
resort  of  another  state,  may,  upon  written  recommendation 
from  the  Board  of  Examiners,  be  admitted  to  practice  in 
this  state.  The  board  may  subject  any  applicant  under  this 
rule  to  such  examination  as  they  may  deem  expedient. 

Miscellaneous. 

A  student  must  apply  for  examination  in  the  county  in 
which  he  is  registered.  No  student  registered  in  one  county 
will  be  examined  in  another  county,  except  upon  the  written 
request  of  the  Board  of  Examiners  of  the  county  wherein 
he  is  registered.  Admission  to  practice  in  the  courts  of  one 
county  entitles  the  attorney  to  practice  in  the  same  courts  in 
all  other  counties  in  the  state. 

Information  as  to  the  times  and  places  of  holding  examina- 
tions may  be  obtained  from  the  Secretary  of  the  Board  of 
Examiners  at  Wilmington. 

Source  of  Rules. 

Rev.  St.  1874,  c.  93,  §  fi ;  Td.  c.  2  1,  §  4;  13  Del.  Laws,  c.  117, 
§  ?) ;  Rules  of  Board  of  Examiners. 


DELAWARE  DECISIONS. 

1814  to  1909. 

A  complete  set  of  Delaware  Reports  (down  to  1909)  con- 
sists of : 

Harrington,  5  vols. 
Ilouston,  9  vols. 
Marvel,  3  vols. 
Pennewill,  5  vols. 
Delaware  Chancery,  8  vols. 
Houston's  Criminal,  1  vol. 


30  RULKS    FOR    ADMISSION    TO    THE    BAR. 

Delaware  Reports  are  partly  out  of  print,  and  are  scarce  and 
expensive.  The  Atlantic  Reporter,  71  vols.,  contains  all  deci- 
sions in  Houston,  vols.  7  to  9,  Marvel,  2  vols.,  Pennewill,  5 
vols.,  Delaware  Chancery,  vols.  6  to  8,  and  also  all  decisions 
for  the  past  24  years  from  Connecticut,  Maine,  Maryland,  New 
Hampshire,  New  Jersey,  Pennsylvania,  Rhode  Island,  and  Ver- 
mont. Tables  of  cross-citations  make  the  cases  perfectly  avail- 
able, however  cited.    We  will  furnish  full  information  and  price 

on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Dtstnct  of  Columbia. 

Character. 

No  applicant  shall  be  admitted  to  examination  for  admission 
to  the  Supreme  Court  until  he  shall  have  offered  proof  of  good 
moral  character. 

Term  of  Study. 

Satisfactory  proof  shall  also  be  presented  that  the  candidate 
has  studied  law  under  the  direction  of  a  competent  attorney  for 
at  least  three  years,  provided  that  diligent  study  in  a  law  school 
shall,  to  the  extent  thereof,  be  computed  as  a  part  thereof,  and 
an  academic  year  in  such  school  shall  be  considered  a  year  with- 
in the  meaning  of  the  rule. 

Examination — Regulations— Scope — Fee. 

Applications  shall  be  made  in  writing  addressed  to  the  cOurt 
in  general  term,  and  shall  be  referred  by  the  clerk  to  the  com- 
mittee on  examination.  Each  application  shall  contain  the 
name,  age,  and  residence  of  the  candidate,  the  time  and  place 
of  preliminary  study  and  duration  of  the  same,  and  the  law 
books  he  has  read.  Before  examination  a  fee  of  $10  shall  be 
pai<i  to  the  chairman  or  secretary  of  the  committee  on  exami- 
nation. In  case  of  failure,  a  fee  of  $5  shall  be  required  for 
each  additional  examination. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

The  petition  of  one  admitted  to  the  bar  in  the  Supreme  Court 
of  the  United  States,  or  of  a  state  or  territory,  while  a  nonresi- 
dent of  the  District  of  Columbia,  shall  state  the  name  of  the 
court  granting  such  license,  the  time  of  admission,  and  when 
and  where  and  for  what  period  he  studied  law.  If  now  a  bona 
fide  resident  of  the  District  of  Columbia,  one  admitted  in  an- 
other jurisdiction  may  be  admitted  here  without  examination, 
in  the  discretion  of  the  court,  if  proof  of  good  morals  is  given 

(31) 


32  RULES    FOR    ADMISSION    TO    THE    BAR. 

and  a  like  courtesy  is  extended  in  that  jurisdiction  to  attor- 
neys of  this  District. 

Miscellaneous. 

To  entitle  a  candidate  to  admission  to  the  Court  of  Appeals, 
he  shall  offer  satisfactory  proof  of  former  admission  to  the  Su- 
preme Court  of  the  United  States,  or  to  the  highest  court  of 
one  of  the  United  States,  or  to  the  Supreme  Court  of  this  Dis- 
trict, and  also  proof  of  good  standhig  in  that  court,  and  shall 
pay  to  the  clerk  issuing  the  license  a  fee  of  $5. 

Examinations  are  held  in  June  and  December,  and  applica- 
tions should  be  addressed  to  the  court  in  general  term,  care 
of  the  clerk  of  the  court. 

Source   of  Rules. 

Rules  Sup.  Ct.  Oct.  31,  1809 ;  Rules  Ct.  of  App. 


DISTRICT  OF  COLUiVIBIA  DECISIONS. 

1801  to  1909. 
There  are  two  series  of  Reports  in  the  District  of  Columbia, 
viz. : 

District  of  Columbia  Reports,  21  vols.  (1801-1893). 
District  of  Columbia  Appeal   Cases,   31  vols.    (1893- 
1909). 
The  first  series  cover  the  decisions  of  the  United  States  Cir- 
cuit Court  of  the  District  of  Columbia  and  the  Supreme  Court 
of  that  District  down  to  1893     With  vol.  21,  the  reports  of  the 
Supreme  Court  of  the  District  of  Columbia  were  discontinued. 
the  appellate  jurisdiction  theretofore  exercised  by  that  court 
being  transferred  to  a  new  court,  styled  the  "Court  of  Appeals 
of  the  District  of  Columbia,"  whose  decisions  are  reported  un- 
der the  caption,  "Appeal  Cases,  District  of  Columbia,"  cited 
"App.  D.  C."    There  are  31  vols,  of  this  series  to  date,  vol.  1 
joining  on  to  vol.  21  D.  C.  Rep. 

West  Punr.TsrTTXo   Co..   St.   Pnnl.   Minn. 


5Iortba. 


Age — Chkractep. 

The  applicant  for  admission  to  the  bar  in  this  state  must  be 
21  years  of  age  and  of  good  moral  character. 

Preliminary  Study. 

All  applicants  for  admission  to  the  bar  must  have  studied  the 
following  named  law  books  or  their  equivalents  :  Blackstone's 
Commentaries,  or  Andrews  on  American  Law  combined  with 
Holmes'  Lectures  on  Common  Law ;  Broom's  Legal  Maxims, 
or  W.  T.  Hughes  on  Procedure;  Bispham's  Principles  of 
Equity;  Eaton  on  Equity;  Story's,  Van  Zile's,  or  Fletcher's 
Equity  Pleading  and  Practice;  Shipman  on  Equity  Pleading; 
Stephen,  Gould,  Shipman,  or  McKelvey  on  Common-Law 
Pleading;  Morawetz,  Clark,  or  Cook  on  Corporations;  Moore 
or  Hutchinson  on  Carriers;  Bishop's,  May's,  or  Clark's  Crimi- 
nal Law,  or  Hughes'  Criminal  Law  and  Procedure ;  Weeks  on 
Attorneys  at  Law  or  Sharswood's  Legal  Ethics;  Daniel  on 
Negotiable  Instruments,  or  Eaton  &  Gilbert  on  Commercial 
Paper,  or  Bigelow  on  the  Law  of  Bills,  Notes  and  Checks; 
Norton  on  Bills  and  Notes,  Cooley's  Constitutional  Limita- 
tions; Clark  or  Bishop  on  Contracts;  Thayer's  Preliminary 
Treatise  on  Evidence,  or  Greenleaf  on  Evidence  (vol.  1),  or 
Reynolds  on  Evidence;  McKelvey  on  Evidence;  Schouler's 
Domestic  Relations ;  Tiffany  on  Domestic  Relations ;  Schouler 
on  Executors  and  Administrators,  or  Woerner's  American  Law 
of  Administration ;  Croswell  on  Executors  and  Administrators ; 
Maupin  on  Marketable  Titles  to  Real  Estate  (2d  Ed.)  ;  Cooley 
or  Pollock  on  Torts;  Hale  on  Torts;  Schouler,  Underbill,  or 
3  (33) 


34  RULES    FOR    ADMISSION    TO    THE    BAR. 

Rood  on  Wills;  Gardner  on  Wills;  The  Constitutions  of  the 
United  States  and  of  Florida;  Florida  Decisions  upon  the  Con- 
stitution of  Florida;  General  Statutes  of  Florida;  Rules  of 
Practice  of  the  Circuit  and  Supreme  Courts  of  Florida. 

Exauiination — Regulations — Scope — Fee. 

If  applicant's  qualifications  as  to  age  and  good  moral  char- 
acter are  sufficient,  he  shall  enter  upon  an  examination,  based 
on  the  course  of  study  above  prescribed,  before  the  Supreme 
Court.  Examinations  are  in  writing,  but  may  be  supplemented 
by  oral  questions.  A  minimum  average  of  75  per  cent,  on  both 
written  and  oral  questions  is  required  in  order  to  entitle  appli- 
cant to  admission.  In  case  of  success,  the  candidate  shall  pay 
to  the  clerk  a  fee  of  $5  for  a  certificate  of  admission. 

Miscellaneous. 

Examinations  are  held  in  the  Supreme  Court  rooms  on  the 
first  three  days  of  every  semiannual  term  of  the  court.  Appli- 
cations must  be  filed  with  the  clerk  at  least  ten  days  before  the 
beginning  of  the  term  at  which  he  intends  to  apply  for  admis- 
sion, and  must  contain  statements  regarding  the  applicant's 
age,  place  of  residence,  the  length  of  time  he  has  studied  law, 
and  the  law  books  he  has  read,  together  with  the  names  of 
three  reputable  citizens  of  the  community  in  which  applicant 
lives,  who  are  not  related  to  him  by  blood  or  marriage.  Power 
to  admit  to  practice  is  vested  solely  in  the  Supreme  Court. 

Source  of  Rules. 

Laws  1907,  p.  136 ;  Sup.  Ct.  Rules,  June,  1907. 


FLORIDA  DECISIONS. 

1846  to  1909. 

A  complete  set  of  Florida  Reports  (down  to  1909)  consists 
of  S5  rols.     All  decisions  in  Florida,  vols.  23  to  55,  and  many 


EULES    FOR    ADMISSION    TO    THE    BAR.  35 

Other  decisions  not  yet  published  in  the  State  Reports,  are  re- 
ported in  full  in  the  Southern  Reporter,  48  vols.  The  set  also 
contains  all  decisions  for  the  last  22  years  of  Alabama,  Louisi- 
ana, and  Mississippi.  Tables  of  cross-citations  make  the  cases 
perfectly  available,  however  cited.  Write  us  for  price  and  de- 
tailed information. 

West  Publishing  Co.,  St  Paul,  Minn. 


(Beorgta 


Citizenship — Age — Cliaracter. 

Any  male  person  desiring  to  become  a  member  of  the  bar 
in  this  state  shall  file  with  a  judge  of  the  superior  court  in  the 
circuit  of  which  he  is  a  resident,  or  in  which  he  has  read  law, 
his  petition  in  writing,  stating  that  he  is  a  citizen  of  the  state 
and  of  good  moral  character,  which  last  must  be  certified  to 
by  two  practicing  attorneys  of  the  state.  He  must  also  exhibit 
to  the  judge  a  receipt  showing  that  he  has  paid  to  the  chair- 
man of  the  board  of  examiners  a  fee  of  $15.  The  age  of  the 
candidate  is  immaterial. 

Examination — Regulations — Scope — Tee,. 

In  the  certificate  of  two  attorneys  above  mentioned,  such  at- 
torneys shall  state  that  they  have  examined  the  candidate  upo» 
the  various  branches  of  the  law,  and  deem  him  qualified  for  ad- 
mission to  the  practice  of  the  law.  The  questions  of  such  ex- 
amination are  prepared  by  the  state  board  of  examiners,  three 
in  number,  appointed  by  the  Supreme  Court,  and  sent  on  re- 
quest to  the  judge  of  the  superior  court.  No  candidate  shall  be 
permitted  to  know  the  subjects  or  contents  of  the  examination 
papers  prior  to  the  examination.  In  order  to  be  entitled  to 
admission,  applicant  shall  satisfactorily  answer  what  is  equiva- 
lent in  value'to  70  per  cent,  of  the  questions  propounded.  A 
fee  of  $15  must  be  paid  to  the  chairman  of  the  board  of  exam- 
iners before  filing  the  application  in  the  superior  court,  and  aa- 
other  fee  of  $5  shall  be  paid  the  clerk  issuing  the  license. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Attorneys  admitted  to  practice  in  other  states,  where  attor- 
nevs  from  this  state  are  admitted  without  examination,  sfcaW  ¥• 

(36) 


RULES    FOR   ADMISSION    TO    THE    BAR.  Si 

permitted  to  practice  in  all  courts  of  this  state  upon  proof  of 
such  previous  license  and  good  moral  character.  Such  attor- 
neys at  law  of  any  state  are  not  thus  permitted  to  practice  law 
in  this  state,  unless  those  of  this  state  are  likewise  permitted  to 
practice  law  in  their  courts.  A  fee  of  $5  is  required  for  a  li- 
cense. 

Admission  on  Diploma. 

Graduates  of  the  Law  Department  of  the  State  University, 
Law  School  of  Mercer  University,  Law  Department  of  Emory 
College,  or  of  the  Atlanta  Law  School,  shall  be  admitted  with- 
out examination  upon  presentation  of  diploma.    - 

Miscellaneous. 

Attorneys  who  have  been  licensed  in  any  superior  court  shall 
be  admitted  to  the  Supreme  Court  and  Court  of  Appeals  upon 
certificate  of  two  attorneys  of  that  court  in  good  standing  that 
such  applicants  are  of  good  moral  and  professional  character. 
Any  member  of  the  bar  of  the  Supreme  Court  may  be  admit- 
ted to  practice  in  the  Court  of  Appeals  upon  producing  satis- 
factory evidence  of  such  admission  and  upon  taking  the  pre- 
scribed oath.    A  fee  of  $5  is  required  in  either  case. 

Examinations  are  held  on  Wednesdays  after  the  second 
Mondays  >f  June  and  December,  at  places  to  be  designated  by 
the  judge  of  the  superior  court  in  each  circuit.  Application 
must  be  sent  to  the  judge  at  least  ten  days  before  the  day  of 
examination.  All  inquiries  for  information  in  regard  to  admis- 
sion to  the  bar  should  be  addressed  to  Hon.  Joseph  A.  Cronk, 
Secretary  Board  of  Examiners,  Chatham,  Ga. 

Source  of  Rules. 

Civ.  Code  1895,  §§  4397-4412 ;  Act  Dec.  18,  1897,  as  amend- 
ed by  Act  Dec.  19,  1898 ;  Rules  Sup.  Ct  and  Ct.  App. 


38  BULBS    FOR    ADMISSION    TO    THE    BAB. 

GEORGIA  DECISIONS. 

1805  to  1909. 

A  complete  set  of  Georgia  Reports  (down  to  1009)  consists 
of; 

T.  U.  P.  Charlton,  1  vol. 

R.  M.  Charlton,  1  vol. 

Dudley,  1  vol. 

Georgia  Decisions,  1  vol. 

Georgia  Reports,  130  vols. 

Georgia  Appeals  Reports,  4  vols. 
Georgia  Reports  are  largely  out  of  print  and  expensive.  AH 
Georgia  decisions  from  and  including  vol.  78  of  the  Supreme 
and  all  of  the  Appeals  Reports,  are  reported  in  the  Southeast- 
ern Reporter,  63  vols.,  together  with  all  decisions  for  the  past 
22  years  from  North  Carolina,  South  Carolina,  Virginia,  and 
West  Virginia.  Cross-citation  tables  make  the  cases  perfectly 
available,  however  cited.  We  will  be  pleased  to  furnish  prices 
and  full  information  on  request. 

West  Publishing  CJo.,  St.  Paul,  Minn. 


t)awaiu 


Citizenship— Age^Character. 

Each  applicant  for  admission  in  this  territory  shall  file  with 
the  ckrk  of  the  Supreme  Court  an  application  in  writing,  set- 
ting forth  his  name,  age,  nationality,  last  place  of  residence, 
and  the  character  and  term  of  his  study.  Applicant  must  be  a 
citizen  of  the  United  States  or  shall  have  declared  his  intention 
of  becoming  a  citizen. 

Examination— Regulations— 'Scope — Fee. 

Sufficient  certificates  of  applicant's  good  moral  character, 
and,  if  he  is  a  member  of  the  bar  of  any  other  court,  the  cer- 
tificate of  admission  to  such  bar,  shall  accompany  the  applica- 
tion. Power  to  examine  candidates  for  admission  to  the  bar  of 
the  Supreme  Court  is  vested  solely  in  the  Supreme  Court.  No 
applicant  who  is  not  a  member  of  the  bar  of  the  highest  court 
of  some  other  state,  territory,  or  country,  will  be  admitted  or 
examined  for  admission  to  practice  in  the  Supreme  Court,  un- 
less, as  a  part  of  his  preparation,  he  shall  have  studied  diligent- 
ly at  least  two  years  in  a  law  school  or  the  office  of  a  competent 
attorney,  or  partly  in  one  and  partly  in  the  other.  No  person 
not  a  citizen  of  the  United  States  will  be  admitted  unless  he 
shall  have  bona  fide  declared  his  intention  to  become  a  citizen 
in  the  manner  required  by  law.  No  applicant  whose  appHca- 
tion  has  been  denied  shall  apply  again  for  admission  within  one 
year.  A  fee  of  $10  must  be  paid  to  the  clerk  of  the  Supreme 
Court  on  receipt  of  a  license. 

Attorneys  in  District  Courts. 

The  Supreme  Court  and  the  several  circuit  courts  shall  have 
power  to  admit  as  practitioners  in  the  district  courts  such  per- 

(39) 


40  RULES    FOIl   ADMISSION    TO    THE    BAR. 

sons,  beitg  Hawaiian  citizens  of  good  moral  character,  as  said 
courts  may  find  qualified.  Prescribed  oath  will  be  administer- 
ed. License  thus  granted  shall  extend  oyer  a  term  of  two 
years,  and  shall  be  valid  in  all  the  judicial  circuits  of  the  ter- 
ritory. A  fee  of  $5  will  be  paid  for  the  first  license,  and  a  fee 
of  $2  for  each  renewal  thereof. 

Source  of  Rules. 

Civ.  Laws  1897,  c.  84;  Rev.  Laws  1905,  c.  116 ;  Sup.  Ct.  Rule 
16,  in  force  March  21,  1906  (17  Hawaii,  655). 


HAWAIIAN  DECISIONS. 

1847  to  1909. 

A  complete  set  of  Hawaiian  Reports  (down  to  1909)  con- 
sists of  18  vols.  There  are  also  2  vols,  of  reports  of  the  United 
States  District  Court  for  the  District  of  Hawaii,  and  a  Digest 
covering  vols.  1-14  Hawaiian  Reports.  Write  for  prices  and 
full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Dbal^o. 


Citizenship — Age — Character. 

The  applicant  for  admission  in  this  state  must  be  a  bona  fide 
resident  of  the  state,  of  the  age  of  21  years,  and  of  good  moral 
character,  which  last  must  be  certified  to  by  at  least  two  at- 
torneys in  good  standing  who  have  been  admitted  to  practice 
in  the  Supreme  Court  for  not  less  than  one  year. 

Examination — Regulations — Scope — Fee. 

The  application  shall  be  filed  with  the  clerk  of  the  Supreme 
Court  on  or  before  the  first  Saturday  of  the  regular  term,  and 
shaU  contain  statements  of  the  applicant's  full  name,  age,  place 
of  residence  for  the  two  years  immediately  preceding  the  date 
of  his  application,  with  whom  he  has  read  law,  or  in  what 
school  he  has  studied  law,  and  for  how  long  a  period ;  also  what 
text-books  he  has  read.  The  application  must  also  be  accom- 
panied by  a  certificate  of  at  least  two  reputable  attorneys,  each 
of  whom  shall  have  been  regularly  engaged  in  practice  for  not 
less  than  four  years,  containing  statements  of  the  candidate's 
preliminary  training,  the  time  he  has  spent  upon  the  study  of 
the  law,  the  books  he  has  read,  and  any  other  appropriate  re- 
quirements he  may  have  attained.  Examinations  are  held  on 
the  first  Saturday  of  each  regular  term  of  the  court,  at  which 
time  the  candidates  shall  in  open  court  prepare  written  answers 
to  the  list  of  questions  propounded  by  the  Supreme  Court.  No 
information  as  to  the  substance  of  any  of  the  questions  asked, 
or  the  subjects  treated  of  in  the  examination,  will  be  given  to 
the  applicants  before  the  date  set  for  the  examination.  A  fee 
of  $35  shall  be  paid  to  the  State  Treasurer,  evidence  of  which 
payment  must  be  filed  with  the  clerk  of  the  Supreme  Court. 
A  fee  of  $2  shall  be  paid  to  the  clerk  for  the  license. 

(41) 


42  RULES    FOK    ADMISSION    TO    THE    BAB. 

Admission   of  Attorneys   from   Other  Jurisdictions. 

One  who  has  been  a<lniitted  in  the  highest  court  of  anotker 
state  or  territory  may  be  achnilted  in  the  Supreme  Court  of  this 
state,  upon  filing  with  the  clerk  a  certificate  from  such  court, 
together  with  an  afiidavit  showing  that  he  is  still  in  good  stand- 
ing. In  case  he  cannot  produce  his  certificate,  proof  of  the 
above  facts  may  be  shown  by  his  affidavit. 
Miscellaneous. 

Examinations  are  held  the  first  Saturday  of  each  term,  and 
applications  must  be  filed  with  the  clerk  before  these  days. 
Terms  are  held  at  Boise  City  and  Lewiston;  time  being  fixed 
by  the  court. 

IDAHO  DECISIONS. 

18GG  to  1909. 

A  complete  set  of  Idaho  Reports  (down  to  1909)  consists  of 
14  vols.  The  Pacific  Reporter,  97  vols.,  contains  all  Idaho  de- 
cisions from  and  including  vol.  2  (1881),  and  all  decisions  for 
the  last  26  years  of  Arizona,  California,  Colorado,  Kansas, 
Montana,  Nevada,  New  Mexico,  Oklahoma,  Oregon,  Utah, 
Washington,  and  Wyoming.  Owing  to  the  limited  quantity  of 
local  precedents,  it  is  necessary  to  go  to  other  states  for  case- 
law  authorities,  and  the  Pacific  is  usually  regarded  as  indispen- 
sable. 

The  Idaho  Code  was  adapted  from  that  of  California,  and 
the  decisions  of  that  state  are  therefore  followed  closely  by  the 
Idaho  courts.  The  Pacific  Reporter  contains  nearly  70  per 
cent,  of  all  the  decisions  as  reported  in  the  California  Reports 
and,  in  addition,  upward  of  1,800  decisions  omitted  from  the 
State  Reports,  and  only  published  in  the  Reporter.  The  tables 
of  cross-citations  furnished  with  the  Pacific  make  it  a  simple 
matter  to  find  cases,  even  if  cited  to  the  State  Reports  onlv. 
Write  for  prices  and  full  information. 

Wkst  Publishing  Co..  St.  P.iul.  MHih 


3IItnot5. 


Citizenship — Age — Character. 

Every  applicant  for  admission  shall  present  to  the  board  of 
examiners  his  affidavit,  or  that  of  some  other  reputable  citizen 
for  him,  that  he  is  a  citizen  of  the  United  States,  a  resident  of 
this  state,  and  21  years  of  age;  also,  a  certified  transcript  of 
record  from  a  court  of  record  of  this  state  showing  that  the 
petitioner  is  of  good  moral  character,  which  transcript  shall 
show  that  at  least  two  reputable  attorneys  of  such  court  of 
record  appeared  before  said  court  and  testified  that  applicant 
was  a  person  of  good  moral  character. 

General    Edncation. 

Before  entering  upon  the  examination,  the  petitioner  shall 
offer  proof  of  a  preliminary  education,  other  than  legal,  equal 
to  that  required  to  obtain  a  diploma  in  a  high  school  in  this 
state. 

Term  of  Study. 

Every  applicant,  except  those  who  apply  for  admission  by 
virtue  of  admission  in  another  state  or  foreign  country,  shall 
oflfer  satisfactory  proof  that  he  has  pursued  for  the  period  of 
three  years,  during  at  least  36  weeks  in  each  year,  a  course  of 
law  studies  covering  the  subjects  below  enumerated,  naming 
the  books  read,  and  that  such  law  studies  have  been  pursued 
in  some  established  law  school  requiring  personal  attendance 
and  recitation  averaging  10  hours  per  week  or  under  the  tuition 
of  one  or  more  licensed  lawyers;  a  portion  of  the  time  under 
either  system,  the  remainder  under  the  other,  being  allowable. 
If  the  term  of  study  has  been  spent  in  a  lawyer's  oflfice,  appli- 

(4S) 


41  RULES    roil    ADMISSION    TO    THE    BAR. 

cant  must  show  that  he  has  submitted  to  a  regular  examination 
by  such  lawyer  or  lawyers  during  said  period,  upon  each  sub- 
ject. 

Examination — Regulations — Scope — Fee. 

The  test,  written  in  whole  or  in  part,  shall  be  as  nearly  as 
possible  uniform  throughout  the  state,  and  shall  consist  of  ques- 
tions upon  the  subjects  of  Real  and  Personal  Property,  Person- 
al Rights,  Torts,  Contracts,  Evidence,  Common-Law  and  Equi- 
ty Pleading,  Partnerships,  Bailments,  Negotiable  Instruments, 
Principal  and  Agent,  Principal  and  Surety,  Domestic  Relations, 
Wills,  Corporations,  Equity  Jurisprudence,  Criminal  Law,  and 
upon  the  Principles  of  the  Constitutions  of  the  State  and  of 
the  United  States,  and  Legal  Ethics.  If  the  applicant  has  ful- 
filled the  general  qualifications  and  satisfactorily  passed  the  ex- 
amination, the  board  shall  report  that  state  of  facts  to  the  Su- 
preme Court,  and  a  license  shall  be  granted  upon  avowal  by  the 
applicant  of  the  oath  prescribed  by  law.  In  case  of  failure  in 
the  examination,  the  appHcant  shall  not  be  admitted  to  another 
test  until  at  least  one  examination  has  intervened  after  such  re- 
jection, and  shall  file  with  the  board  proof  that  he  has  studied 
law  during  the  intervening  time  subsequent  to  the  prior  exam- 
ination. 

Admission   of   Attorneys    from    Other    Jurisdictions. 

Attorneys  from  other  states  shall  be  admitted  in  this  state, 
exempt  from  the  written  examination  by  the  board,  by  pre- 
senting to  the  board  of  examiners  their  Hcense  from  said  state 
entitling  them  to  practice  in  the  highest  courts  of  such  state, 
and  proof  that  in  the  state  in  which  the  license  was  issued  the 
requirements  for  admission,  when  they  were  admitted,  were 
equal  to  those  prescribed  in  this  state,  or  that  they  have  prac- 
ticed five  full  years  in  courts  of  record  under  their  license,  and 
shall  offer  proof,  too,  of  their  general  qualifications,  as  requir- 
ed of  applicants  of  this  state. 


RULES   FOR  ADMISSION   TO  THE   BAR.  46 

The  board  shall  certify  to  the  Supreme  Court  those  persons 
entitled  to  admission. 

Miscellaneous.  qT^.  V^-,  /  ^ /<^  ■    ^^^^^t^U-V^^^ 

Examinations  are  held  at  Ottawa  on  last  Tuesday  of  Febi^Ui  f^ 
ary,  at  Chicago  on  fourth  Tuesday  of  June,  at  Springfield  on 
first  Tuesday  of  October,  and  at  Mt.  Vernon  on  first  Tuesday 
of  December — all  at  9  o'clock  a,  m.  Applications,  on  printed 
forms  prescribed  by  the  Board  of  Examiners,  must  be  filed  with 
the  Secretary,  Wm.  B.  Wright,  Effingham,  111.,  at  least  three 
weeks  before  the  meeting  of  the  board  at  which  the  applicant 
desires  to  be  examined,  and  must  be  accompanied  by  all  the 
proofs  required  by  the  rules  of  the  Supreme  Court  and  the 
Board  of  Examiners.  A  fee  of  $10  shall  accompany  each  ap- 
plication. No  person  shall  be  refused  a  Ucense  to  practice  on 
account  of  sex. 

Source  of  Rules. 

Kurd's  Rev.  St.  1908,  c.  13,  §§  1-4;  Rules  of  Supreme  Court 
and  State  Board  of  Law  Examiners  in  force  Dec.  11,  1906. 


ILLINOIS  DECISIONS. 

1819  to  1909. 

A  complete  set  of  Illinois  Reports  (down  to  1909)  consists 
of  235  vols.  All  decisions  from  and  including  vol.  114  are  re- 
ported in  the  Northeastern  Reporter,  86  vols.,  together  with 
all  decisions  for  the  last  24  years  from  Indiana,  Massachusetts, 
New  York,  and  Ohio.  The  set  is  sold  for  a  small  part  of  the 
cost  of  the  corresponding  State  Reports.  Indeed,  it  costs  more 
to  keep  up  the  Illinois  Reports  alone  than  it  does  to  continue  the 
Northeastern  Reporter.  Tables  of  cross-citations  make  the 
cases  perfectly  available,  however  cited. 


I 


4S  RULES    FOR    ADMISSION    TO    THE    BAB. 

The  Northeastern  Reporter,  containing,  as  it  does,  all  the 
current  decisions  of  the  states  in  which  the  great  commercial 
centers  of  the  country  are  located,  is  considered  the  best  set  of 
reports  on  commercial  law  and  kindred  topics  extant. 

The  Illinois  Appellate  Court  Reports,  of  which  there  are 
now  140  vols.  (1877-1909),  cover  the  decisions  of  inferior 
courts  of  appellate  jurisdiction  and  are  published  in  Illinois 
We  will  furnish  full  information  and  prices  on  request. 

West  Publishing  Ck).,  St.  Paul,  Minn. 


3nbtana 


Oitizenship — Age — Character. 

Every  voter  of  the  state,  of  good  moral  character,  shall  be 
ewtitled  to  practice. 

£xaiuination — Regulations — Scope. 

Owing  to  the  constitutional  provision,  the  court  is  limited 
in  its  power  to  regulate  admissions.  The  examinations  are 
usually  oral  and  of  brief  duration.  No  examination  as  to  legal 
attainments  can  be  made  over  the  objection  of  the  applicant. 

Admission  of  Attorneys   from   Other   Jurisdictions. 

The  court  shall  permit  attorneys  from  other  states  to  prac- 
tice in  this  state  during  the  continuance  of  the  term  in  which 
application  was  made,  upon  taking  the  prescribed  oath. 

Miscellaneons. 

The  Supreme  Court  has  decided  (134:  Ind.  665,  34  N.  E.  641) 
that  the  provisions  of  the  Constitution  which  declare  that  per- 
sons of  good  moral  character,  being  voters,  shall  be  admitted  to 
practice  law,  do  not  prohibit  the  admission  of  women  to  prac- 
tice. 

Source  of  Rules. 

Constitution,  art.  7,  §  21 ;  Burns'  Ann.  St.  1908,  §§  181,  997. 


INDIANA  DECISIONS. 

1817  to  1909. 

A  complete  set  of  Indiana  Reports  (down  to  1909)  consists 
«f: 

Blackford,  8  vols. 
Indiana,  169  vols.,  1820-1909. 
Indiana  Appellate,  40  vols.,  1890-1909. 
(47) 


48  RULES    FOR    ADMISSION    TO    THE    BAR. 

Tlie  Northeastern  Reporter,  86  vols.,  contains  all  decisions 
of  Indiana  from  and  including  vol.  102,  and  all  of  the  Indiana 
appellate  court  decisions.  The  set  also  contains  all  decisions 
for  the  last  24  years  from  Illinois,  Massachusetts,  New  York, 
and  Ohio.  Tables  of  cross-citations  make  the  cases  perfectly 
available,  however  cited.  The  set  sells  at  but  a  fraction  of  the 
cost  of  the  corresponding  State  Reports.  The  Northeastern 
is,  moreover,  the  best  set  of  reports  for  a  commercial  and  cor- 
poration practice,  as  it  contains  the  decisions  from  the  states  in 
which  are  located  the  great  commercial  centers  of  the  country. 
Write  us  for  full  information  and  price. 

West  Publishing  Co.,  St.  Paul,  Miirn. 


3otpa. 


Citizenship — Age— Character. 

In  this  state  the  applicant  for  admission  shall  be  an  inhabit- 
ant of  the  state,  of  the  age  of  21,  and  of  good  moral  character. 
The  latter  fact  must  be  certified  by  the  district  judge  or  clerk 
of  district  court  in  the  district  or  county  of  the  applicant's  res- 
idence. 

General  £>ducation. 

He  shall  have  acquired  a  preliminary  education,  other  than 
legal,  equivalent  to  that  involved  in  the  completion  of  a  high- 
school  course  of  at  least  three  years'  duration.  Applicants  not 
furnishing  satisfactory  proof  of  this  qualification  shall  be  sub- 
ject to  examination  before  the  Board  of  Examiners. 

Term  of  Study. 

He  shall  have  pursued  diligently  a  course  of  study  in  the 
office  of  a  practicing  attorney  of  this  state  or  of  another  state 
or  in  a  reputable  law  school  in  the  United  States  for  a  term  of 
three  years,  or  partly  in  such  office  and  partly  in  such  law 
school. 

Examination — Regulations — Scope — Fee. 

The  Attorney  General,  with  five  members  of  the  bar  from 
this  state,  appointed  by  the  court,  shall  constitute  the  Board  of 
Examiners,  who  shall  test  the  applicants  as  to  their  legal  quali- 
fications by  propounding  to  them  at  least  fifty  questions,  to  be 
answered  in  writing,  and  as  many  more  as  they  may  see  fit,  to 
be  answered  orally.  No  person  shall  be  recommended  for  ad- 
mission who  does  not  receive  a  marking  of  at  least  75  per  cent, 
on  a  basis  of  100  per  cent,  for  the  entire  examination.  Be- 
fore undertaking  the  examination  the  candidate  shall  pay  to  the 
clerk  of  the  Supreme  Court  the  sum  of  $5,  and  after  the  exam- 
ination, if  successful,  he  shall  take  the  prescribed  oath.    If  un- 

4  (m 


no  UULKS    l-'OU    ADMISSK^N    TO    THE    BAR. 

successful  he  shall  he  precluded  from  again  entering  upon  the 
examinations  for  three  months  froni  the  time  of  failure. 
Admission  of  Attorneys    from    Other    Jurisdictions. 

Any  person,  becoming  a  resident  of  this  state  after  admission 
in  another  state  while  a  resident  thereof,  may  be  licensed  here, 
exempt  from  the  examination  or  proof  of  the  required  term  of 
study,  if  his  other  qualifications  are  satisfactory  to  the  court, 
and  he  has  practiced  in  such  other  state  for  one  year  after  his 
admission. 

Miscellaneous. 

Students  in  the  Law  Department  of  the  State  University 
who  are  recommended  for  graduation  by  the  faculty,  provided 
the  three-years  course  of  study  has  been  pursued,  one  year  at 
least  in  such  Law  School,  may  be  examined  at  the  University 
by  the  commission  and  admitted  without  further  test.  Ex- 
aminations are  held  at  Des  Moines  on  first  Tuesday  in  October 
and  on  the  Tuesday  of  the  week  preceding  the  week  of  the  ex- 
aminations at  Iowa  City  in  June ;  and  at  the  University  at  Iowa 
City  Tuesday  before  annual  commencement.  Applications,  on 
forms  which  will  be  furnished  by  the  clerk  of  the  Supreme 
Court,  must  be  filed  with  clerk  ten  days  before  commencement 
of  term  at  which  examination  is  to  be  taken. 

Source  of  Rules. 

Ann.  Code  1897,  §§  309-315 ;  Act  April  16,  1901 ;  Rules  Sup. 
Ct.  Jan.  1,  1901;  Rules  of  Board  of  Examiners,  Aug.  28,  1901 
(87N.W.V). 


IOWA  DECISIONS. 

1839  to  1909. 

A  complete  set  of  Iowa  Reports  (down  to  1909)  consists  of 
Morris,  1  vol. 
G.  Greene,  4  vols. 
Iowa.  136  vols. 

i 


RULES    FOR   ADMISSION    TO    THE    BAR.  51 

All  the  decisions  of  Iowa  subsequent  to  vol.  50  are  reportetl 
in  the  Northwestern  Reporter,  119  vols.,  together  with  all  de- 
cisions for  the  last  30  years,  from  Michigan,  Minnesota,  Ne- 
braska, Wisconsin,  and  all  the  decisions  of  Dakota  Territory 
and  North  and  South  Dakota.  Cross-citation  tables  make  the 
cases  perfectly  available,  however  cited.  The  cost  of  the  set  is 
less  than  one-fifth  the  cost  of  the  corresponding  State  Reports. 

The  Northwestern  is  generally  regarded  by  the  Iowa  lawyer 
as  indispensable.  As  one  of  the  well-known  attorneys  and 
statesmen  puts  it :  "We  would  as  soon  think  of  keeping  house 
without  a  cook  stove  as  to  try  and  practice  law  without  the 
Northwestern."     Write  us  for  full  description  and  price. 

West  Publishing  Co.,  St.  Paul.  Minn. 


Kansas. 


Citizenship — Character. 

The  applicant  must  be  a  citizen  of  the  United  States,  and 
must  file  with  the  secretary  of  the  Board  of  Examiners  a  cer- 
tificate as  to  his  moral  character,  signed  by  a  judge  of  the  dis- 
trict or  common  pleas  court  and  three  members  of  the  bar  of 
the  county  in  which  he  resides  or  has  lately  resided. 

General  Education. 

A  diploma  or  properly  authenticated  certificate  showing  that 
applicant  is  a  graduate  of  the  State  University,  or  other  ac- 
credited university,  college,  or  high  school,  will  be  accepted  as 
evidence  that  he  possesses  the  requisite  educational  qualifica- 
ticMis  to  entitle  him  to  examination  in  the  law.  In  lieu  of  such 
diploma  or  certificate,  the  affidavit  of  the  applicant  and  his 
teacher  or  teachers,  or  other  satisfactory  evidence,  will  be  ac- 
cepted by  the  Supreme  Court. 

Term  of  Study. 

Applicant  must  have  studied  three  years  in  the  office  of  a 
practicing  attorney,  or  be  a  graduate  of  the  Law  Department 
of  the  University  of  Kansas  or  some  other  law  school  of  equal 
requirements  and  reputation. 

Examination — Regulations — Scope — Fee. 

The  applicant's  petition,  in  his  own  handwriting  and  verified 
by  his  affidavit,  must  be  filed  with  the  clerk  of  the  Supreme 
Court,  and  must  state  his  full  name,  residence,  place  and  date 
of  birth,  and,  if  foreign  born,  the  facts  showing  that  he  is  a 
citizen  of  the  United  States ;  also  his  occupation  and  residence 
during  the  preceding  five  years.     If  a  graduate  of  a  law  school, 

(52) 


\ 


RULES    FOR    ADMISSION    TO    THE    BAR.  53 

it  must  give  the  name  and  location  of  the  school  and  date  of 
graduation,  or,  if  not  a  law  school  graduate,  must  state  peti- 
tioner's general  education,  exclusive  of  legal  study,  with  whom 
law  studies  were  pursued,  and  the  books  read.  The  examina- 
tion shall  be  held  in  open  court,  and  shall  be  oral  or  in  writing, 
or  partly  one  and  partly  the  other,  in  the  discretion  of  the  board, 
and  shall  cover  such  of  the  following  or  other  subjects  as  the 
court  may  require:  Elementary  Law,  Roman  Law,  Personal 
Property,  Constitutional  History  and  Law,  International  Law, 
Conflict  of  Laws,  Equity  Jurisprudence,  Equity  Pleading 
and  Practice,  Contracts,  Evidence,  Real  Property,  Mortgages, 
Negotiable  Instruments,  Agency,  Sales,  Bailments,  Partner- 
ship, Corporations,  Carriers,  Municipal  Corporations,  Torts, 
Wills  and  Administration,  Insurance,  Extraordinary  Legal 
Remedies,  Provisional  Remedies  under  Kansas  Statutes,  Do- 
mestic Relations,  Civil  Procedure,  Criminal  Law,  Common 
Law  Pleading,  Federal  Practice,  Kansas  Code  Pleading  and 
Practice,  Legal  Ethics. 

A  fee  of  $25  shall  accompany  the  application,  which  fee  will 
be  returned  in  the  event  of  failure.  In  case  applicant  fails  to 
pass,  he  shall  be  allowed  to  file  a  subsequent  application  only 
upon  the  written  consent  of  at  least  three  members  of  the  board. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

All  applicants  who  shall  be  otherwise  qualified,  and  who  have 
been  admitted  to  practice  in  the  highest  court  of  another  juris- 
diction, and  have  practiced  there  continuously  for  a  period  of 
three  years  or  more,  and  continued  to  practice  there  or  else- 
where up  to  the  time  of  making  application  here,  shall  consti- 
tute a  class  and  be  examined  separately,  in  such  manner  as  the 
board  may  determine.  Their  petition  must  state  the  time  and 
place  of  admission  to  practice,  and  the  place  or  places  in  which 
they  have  practiced,  with  the  time  of  practice  in  each  case; 
also  whether  disbarment  proceedings  have  ever  been  begun 
against  the  applicant,  and  the  result. 


54  RULES    FOR   ADMISSION    TO    THE    BAB. 

Miioellaneons. 

Examinations  are  held  at  Topeka,  in  the  Supreme  Court 
room,  on  the  third  Mondays  of  January  and  June.  Petitions, 
accompanied  by  the  required  fee,  must  be  filed  with  the  clerk 
of  the  Supreme  Court  at  Topeka,  at  least  30  days  before  the 
examination,  and  diplomas  and  all  other  credentials  and  pa- 
pers required  by  the  rules  must  be  filed  with  the  secretary  of 
the  board,  Mr.  A.  C.  Mitchell,  Lawrence,  Kan.,  at  least  three 
weeks  before  the  first  day  of  the  examination. 

Any  person  admitted  to  practice  in  the  district  and  inferior 
courts  of  this  state  prior  to  June  1,  1903,  will  be  admitted  to 
practice  in  this  court  on  motion;  and  any  practicing  attorney 
of  any  state  or  territory,  having  professional  business  in  this 
court,  may  be  admitted  for  the  time  and  purpose  of  such  busi- 
ness upon  taking  the  prescribed  oath.  Each  attorney  resident 
in  Kansas,  upon  being  admitted  under  this  rule,  shall  pay  $3 
to  the  clerk. 

Source  of  Rules. 

Gen.  St.  1905,  §§  395-398;  Laws  1905,  c.  67;  Sup.  Ct. 
Rules  25-28 ;  Rules  Board  of  Examiners. 


KANSAS  DECISIONS. 

1858  to  1909. 

A  complete  set  of  Kansas  Reports  (down  to  1909)  consists 
of: 

Kansas,  76  vols.,  1862-1909. 
Kansas  Appeals,  10  vols.,  1895-1903. 
All  decisions  of  Kansas,  from  and  including  vol.  30,  and  all 
Kansas  Appellate  decisions,  are  reported  in  the  Pacific  Report- 
er, 97  vols.    The  set  also  contains  all  decisions  for  the  last  26 


RULES    FOR    ADMISSION    TO    THE    BAR.  55 

years  from  California,  Colorado,  Idaho/  Montana,  Nevada, 
New  Mexico,  Oregon,  Utah,  Washington,  Wyoming,  and  all 
decisions  of  Arizona  and  Oklahoma.  The  tables  of  cross-cita- 
tions furnished  with  the  Pacific  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
The  set  sells  for  less  than  one-fourth  of  the  cost  of  the  corre- 
sponding State  Reports.  We  will  be  pleased  to  furnish  detailed 
information  and  price  on  request. 

West  Publishing  C5o.,  St.  Paul.  >[inn. 


Kentucliy. 


Citizeusliip — Age — Cliaracter. 

The  applicant  shall  be  21  years  of  age,  and  shall  file  with  his 
petition  the  certificate  of  the  county  court  of  the  county  in  which 
he  resides,  stating  that  he  is  a  person  of  honesty,  probity,  and 
good  demeanor. 

Examination — Regulations — Scope— Fee. 

After  receipt  of  the  certificate  of  the  county  court,  the  can- 
didate shall,  at  least  ten  days  before  the  beginning  of  the  next 
regular  term,  file  with  the  clerk  of  the  circuit  court  of  any 
county  in  a  circuit  court  district  in  which  the  applicant  does  not 
reside,  a  written  application  for  a  license,  addressed  to  the 
judge  and  accompanied  by  the  certificate  above  referred  to. 
The  examination  shall  be  set  for  some  day  of  the  current  term. 
Each  applicant  shall  be  examined  by  the  circuit  judge  and  at 
least  two  lawyers  in  Equity  Jurisprudence,  Common  Law,  Con- 
stitutional Law,  both  P'ederal  and  State,  Criminal  Law,  Torts, 
Real  Property,  Contracts,  Pleading,  Evidence,  Negotiable  In- 
struments, and  Public  and  Private  Corporations.  If  a  general 
average  of  75  per  cent,  is  received,  the  license  shall  be  issued 
upon  the  payment  of  the  regular  fees  to  the  clerk.  This  license 
entitles  the  holder  to  practice  in  all  the  courts  of  the  state. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Under  Acts  1902,  p.  45,  §§  1-9,  attorneys  from  other  juris- 
dictions are  not  admitted  without  examination  on  presentation 
of  certificate,  as  heretofore,  but  must  comply  with  the  same 
rules  as  are  prescribed  for  applicants  residing  in  the  state. 
This  act,  however,  does  not  prevent  a  nonresident  attorney  in 
good  standing  from  appearing  and  practicing  in  a  case  in  which 

(56) 


RULES    FOR   ADMISSION    TO    THE    BAR.  57 

he  may  be  employed.     Such  attorneys  may  be  admitted  to  prac- 
tice for  the  time  and  purpose  of  such  case  by  appearing  in,  and 
being  introduced  to,  the  court.     No  oath  is  administered. 
Miscellaneous. 

No  special  license  is  required  to  be  admitted  to  practice  in 
the  Court  of  Appeals.  It  is  only  necessary  that  attorneys  in 
good  standing,  residents  of  the  state,  appear  in  open  court  and 
take  the  oaths  prescribed  by  the  Constitution  and  laws  of  the 
commonwealth  of  Kentucky. 

Source  of  Rules. 

Laws  1902,  c.  45,  §§  1-9 ;  Carroll's  St.  1909,  §§  97,  98.  See 
Petition  of  Creste,  98  S.  W.  282. 


KENTUCKY  DECISIONS. 

1785  to  1909. 

A  complete  set  of  Kentucky  Reports   (down  to  1909)  con- 
sists of : 

Hughes,  1  vol. 

Kentucky  Decisions  (v^nced),  1  vol. 

Hardin,  1  vol. 

Bibb,  4  vols. 

Marshall  (A.  K.),  3  vols. 

Littell,  5  vols. 

Littell's  Select  Cases,  1  vol. 

Monroe  (T.  B.),  7  vols. 

Marshall  (J.  J.),  7  vols. 

Dana,  9  vols. 

IMonroe  (Ben.).  18  vols. 

Metcalfe,  4  vols. 

Duvall,  2  vols. 

Bush,  14  vols. 

Kentuckv,  vols.  78  to  195. 


^ 


.18  RULES    FOK    ADMISSION    TO    THE    BAB. 

These  by  no  means  represent  all  of  the  Kentucky  decisions, 
however.  The  Southwestern  Reporter,  114  vols.,  contains,  in 
addition  to  all  of  the  decisions  in  Kentucky  Reports,  vols.  85 
to  125,  several  thousand  decisions  handed  down  during  the 
period  covered  by  these  reports,  and  which,  by  the  system  of 
selection  in  vogue,  have  not  been,  and  will  not  be,  published 
in  the  State  Reports.  In  addition  to  these,  there  are  upward 
of  2,000  Kentucky  decisions  in  the  Southwestern,  which  have 
been  handed  down  subsequent  to  the  decisions  reported  in  vol. 
125,  Kentucky,  and  considerably  less  than  one-third  of  these 
are  marked  "To  be  officially  reported."  To  have  all  of  the  de- 
cisions of  one's  own  state  is  an  absolute  necessity ;  hence  the 
general  use  of  the  Southwestern  Reporter  in  Kentucky. 

In  addition  to  the  Kentucky  decisions,  the  set  contains  all  de- 
cisions for  the  last  23  years  from  Arkansas,  Indian  Territory, 
Missouri,  Tennessee,  and  Texas.  The  tables  of  cross-citations 
furnished  with  the  Southwestern  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. The  set  sells  at  but  a  fraction  of  the  cost  of  the  corre- 
sponding State  Reports.  Write  us  for  prices  and  full  informa- 
tion. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Couisiana. 


Citizenship — Age — Character. 

The  court  shall  require  of  the  candidate  for  admission  evi- 
dence of  citizenship  of  the  state  and  the  other  qualifications  of 
a  voter  (with  the  exception  of  that  of  residence)  and  proof  of 
good  moral  character. 

Term  of  Study. 

Another  requisite  shall  be  a  term  of  study  of  law  of  at  least 
two  years'  duration. 

Examination — Regulations — Scope — Fee. 

The  application  shall  be  made  to  the  clerk,  and  referred  by 
him  to  the  court,  and  passed  upon  by  the  court  through  the 
committee  of  examiners,  who  shall  test  each  applicant  separate- 
ly upon  the  subjects  of  Story  on  the  Constitution,  Vattel's  Law 
of  Nations  or  Wheaton's  Elements  of  International  Law,  the 
History  of  the  Civil  Law  in  Louisiana,  the  Louisiana  Civil 
Code,  the  Code  of  Practice,  statutes  of  the  state  of  a  general 
nature,  the  Institutes  of  Justinian,  Domat's  Civil  Law  or  some 
satisfactory  equivalent  for  Domat,  Pothier's  Treatise  on  Obli- 
gations, Blackstone's  Commentaries  (fourth  book),  Kent's 
Commentaries,  Smith  on  Mercantile  Law,  Wood  on  Insurance,. 
Story  or  Parsons  on  Notes,  Daniel  on  Negotiable  Instruments,. 
Greenleaf,  Starkie,  or  Phillips  on  Evidence,  Russell  on  Crimes,. 
Bishop  on  Criminal  Procedure,  and  the  Jurisprudence  of  Louis- 
iana as  settled  by  the  decisions  of  the  Supreme  Court.  The 
candidate  must  have  a  knowledge  of  the  history  and  jurisdic- 
tion of  the  federal  courts,  and  to  that  end  must  be  read  in  Fos- 
ter's Federal  Practice,  Story's  or  Daniel's  Equity  Jurisprudence,. 
Parsons'  or  Benedict's  Maritime  Law  or  Conkling's  Admiralty,. 

(59) 


(>()  UULIOS    P'OK    ADMISSION    TO    TIIK    BAR. 

WlKirtoii's  Conflict  of  Laws,  and  Dillon  on  Alunicipal  Corpora- 
tions. Un  the  production  of  a  certificate  from  the  committee 
that  the  candidate  has  been  examined  by  them  upon  the  above 
works,  and  that  he,  in  their  opinion,  is  qualified  for  admission 
to  the  bar,  the  court  will  admit  him  to  a  public  examination, 
and,  if  such  examination  is  satisfactory,  a  license  will  be  granted 
and  the  prescribed  oath  administered.  A  fee  of  $10  shall  be 
paid  to  the  clerk  issuing  the  license.  Applicants  who  have  been 
rejected  shall  not  be  re-examined  or  admitted  to  practice  for 
six  months  after  such  rejection,  and  a  new  application  and  cer- 
tificate of  competency  from  the  committee  shall  be  required  in 
such  cases. 

Admission  of  Attorneys  from  Otlier  Jurisdictions. 

A  license  shall  be  granted  an  applicant  upon  production  of  a 
permit  to  practice  in  another  state  and  evidence  of  good  char- 
acter and  qualification  of  legal  abilities  as  shown  by  an  examina- 
tion in  open  court,  before  one  of  the  justices  of  the  Supreme 
Court  or  two  judges  of  the  district  court. 

Admission  on  Diploma. 

Presentation  of  a  diploma  from  the  Law  Department  of  the 
Louisiana  State  University  or  the  Tulane  University  of  Louisi- 
ana shall  entitle  the  recipient  to  a  license  upon  proof  of  good 
moral  character,  and  a  diploma  from  a  law  school  of  another 
state  shall  admit  to  the  test  of  the  Supreme  Court  of  the  state 
acting  as  a  board  of  examiners,  and  ultimately  to  a  license,  if 
the  examination  is  satisfactory  and  applicant  has  proof  of  good 
moral  character. 

Miscellaneons. 

There  are  four  committees  of  examination,  located,  respec- 
tively at  New  Orleans,  Monroe,  Opelousas,  and  Shreveport. 
Applications  should  in  all  instances  be  filed  with  the  clerk  of 
the  Supreme  Court  and  by  him  referred  to  the  committee  exer  • 
cising  jurisdiction  in  the  district  of  applicant's  residence.    The 


RULES    FOR    ADMISSION    TO    THE    BAR.  61 

several  committees  will  meet  when  summoned  by  their  respec- 
tive chairmen.  The  public  examination  by  the  court  will  be 
held  on  Monday  of  the  first  court  week  in  each  month  of  the 
session. 

Under  Acts  1894,  p.  157,  women  who  have  graduated  from 
a  law  school  in  this  state  are  entitled  to  admission  to  practice. 
Source  of  Rules. 

Rev.  Laws  1904,  §§  111-115.  756,  and  page  1843 ;  Act  93, 
p.  136,  of  1908;  Sup.  Ct.  Rules  (20  South,  v;  21  South,  xi,  xii; 
23  South.  V,  vi;  26  South,  vii). 


LOUISIANA  DECISIONS. 

1809  to  1909. 

A  complete  set  of  Louisiana  Reports  (down  to  1909)  con- 
sists of : 

Martin,  13  vols. 

Martin  (N.  S.)  8  vols. 

Louisiana,  19  vols. 

Robinson,  12  vols. 

Louisiana  Annuals,  52  vols. 

Louisiana  Reports,  vols.  104  to  121. 

Manning's  Unrep.  Cas. 
The  early  volumes  of  the  Louisiana  Reports,  however,  have 
long  been  out  of  print,  and  are  very  scarce  and  expensive. 
This  situation  has  worked  the  greatest  inconvenience  to  the 
bench  and  bar  for  years  past,  and,  in  recognition  of  the  gener- 
al demand  for  a  new  and  complete  edition  of  these  Reports,  we 
have  undertaken  the  publication  of  a  complete  and  annotated 
Reprint  of' the  Louisiana  Reports,  to  cover  the  following  vol- 
umes: Martin  (O.  S.)  1-12;  ]\Iartin  (N.  S.)  1-8;  Louisiana, 
19  vols. ;    Robinson,  12  vols. ;    Louisiana  Annual,  vols.  1-48 ; 


()2  RULES    Fcnt    ADMISSION    TO    THE    BAR. 

Manning's  Unreported  Cases— a  total  of  100  original  volumes, 
to  be  bound  in  55  books,  beginning  with  vol.  48  La,  Ann.  and 
working  backward.  Everything  in  the  original  Reports,  in- 
cluding the  paging,  will  be  preserved.  Full  annotations  will 
be  added,  showing  where  each  case  has  been  subsequently  cited 
by  the  Louisiana  Supreme  Court,  as  well  as  prior  and  subse- 
quent reports  of  the  same  case,  and  also  showing  disposition  of 
each  case  that  has  gone  to  the  Supreme  Court  of  the  United 
States.  Annotations  to  the  Century  Digest  will  also  be  made, 
showing,  in  connection  with  each  case,  the  exact  places  in  the 
Century  Digest  where  the  cognate  authorities  have  been  col- 
lected and  compared,  thus  bringing  together  all  the  law  applica- 
ble to  any  particular  case.  References  to  the  annotations  in  the 
American  Decisions  and  American  Reports  will  also  be  added. 
This  Reprint  will  be  sold  in  complete  sets  only.  Books  37  to  55 
are  now  issued,  covering  vols.  30  to  48  Louisiana  Annual.  De- 
tailed information  regarding  this  Reprint  will  be  sent  on  re- 
quest. 

The  Southern  Reporter,  48  vols.,  contains  all  decisions  in 
Louisiana  Annuals,  38  to  52,  and  Louisiana  Reports,  104  to 
121,  and,  in  addition,  all  decisions  for  the  last  22  years  of  Ala- 
bama, Florida,  and  Mississippi.  The  tables  of  cross-citations 
furnished  with  the  Southern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
The  set  sells  at  but  a  fraction  of  the  cost  of  the  corresponding 
State  Reports.  We  publish  an  edition  of  Louisiana  Reports, 
commencing  with  the  49th  Annual,  known  as  the  "N.  R.  S. 
Ed."  Beginning  with  vol.  109  our  edition  became  the  "official 
edition."     Write  us  for  prices  and  full  information. 

West  PuBLisiriNo  Co..  St.  Paul.  ]Minn. 


2ltatne. 


Oitizensliip — Age — Character. 

Among  the  qualifications  requisite  for  admission  to  the  bar 
are  citizenship  and  residence  in  the  state,  the  age  of  majority, 
and  good  moral  character,  which  last  shall  be  certified  to  by 
some  practicing  attorney  within  the  state. 

Term  of  Study. 

Applicant  must  have  studied  law  for  three  years  either  in  the 
office  of  a  practicing  attorney  or  in  a  recognized  law  school, 
proof  of  which  must  be  by  certificate  from  the  attorney  in 
whose  office  such  studies  were  pursued  or  by  the  dean  or  sec- 
retary of  the  law  school,  as  the  case  may  be. 

Examination. — Regulations — Scope — Fee. 

The  Board  of  Examiners  is  composed  of  five  competent  law- 
yers of  the  state,  appointed  by  the  Governor  on  the  recom- 
mendation of  the  Chief  Justice.  Applicant  shall  be  require^J 
to  submit  to  a  written  examination,  and  to  an  oral  one,  if  deem- 
ed necessary,  on  the  principles  of  the  common  law  applicable  to 
the  following  subjects:  Real  Property,  Torts,  Evidence, 
Pleading,  Contracts,  Bills  and  Notes,  Criminal  Law,  and  such 
other  common-law  subjects  as  the  board  may  from  time  to  time 
select ;  also  upon  Equity.  A  general  average  of  70  per  cent, 
is  required  in  order  to  entitle  applicant  to  the  certificate  of  the 
board.  The  board,  however,  has  power  to  establish  such  high- 
er grades  of  standing  as  to  them  may  seem  proper.  A  fee  of 
$30  shall  accompany  the  application  for  examination.  Any  ap- 
plicant failing  to  pass  the  examination  may  again  apply  after 
-six  months,  by  showing  to  the  board  that  he  has  diligently  pur- 
-sued  the  study  of  the  law  six  months  prior  to  the  examination. 

(63) 


64  UULES    FOR    ADMISSION    TO    THE   BAR. 

If  such  second  application  is  within  one  year  after  his  first  ex- 
amination, he  shall  not  be  required  to  pay  an  extra  fee  for  the 
second  examination. 

After  procuring  his  certificate  from  the  board,  the  applicant 
can  then,  on  motion  made  in  open  court,  be  regularly  admitted 
to  practice  law  in  Maine,  by  any  justice  of  the  Supreme  Judi- 
cial Court. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  attorney  residing  within  or  without  the  state,  who  has 
been  a  member  of  the  bar  of  another  state,  in  good  standing 
and  active  practice,  for  at  least  three  years,  may  be  admitted  to 
practice  on  motion  before  the  Supreme  Judicial  Court,  upon  the 
production  of  a  certificate  of  admission  to  practice  in  the  court 
of  last  resort  of  such  state  or  any  Circuit  Court  of  the  United 
States,  together  with  a  recommendation  from  one  of  the  judges 
of  such  courts. 

Miscellaneous. 

.  Examinations  are  held  twice  a  year,  one  at  Bangor,  in  the 
county  of  Penobscot,  on  the  first  Tuesday  of  February,  and  one 
at  Portland,  in  the  county  of  Cumberland,  on  the  first  Tuesday 
of  August.  Applications,  on  blanks  furnished  by  the  Secretary 
on  request,  should  be  filed  with  the  Secretary,  John  B.  Madi- 
gan,  Houlton,  Me.,  at  least  four  weeks  in  advance  of  the  exami- 
nation. No  person  shall  be  denied  license  to  practice  on  ac- 
count of  sex. 

Source  of  Rules. 

Rev.  St.  c.  81,  §§  23-27;  Rules  of  Bar  Examiners. 


MAINE  DECISIONS. 

1820  to  1909. 

A  complete  set  of  Maine  Reports  (down  to  1909)  consists  of 
10  i  vols.     All  decisions  of  Maine  subsequent  to  vol.  77  are 


RULES    FOR    ADMISSION    TO    THE    BAR.  65 

reported  in  full  in  the  Atlantic  Reporter,  71  vols.,  togetlicr  with 
all  decisions  for  the  last  24  years  of  Connecticut,  Delaware, 
Maryland,  New  Hampshire,  New  Jersey,  Pennsylvania,  Rhode 
Island,  and  Vermont.  The  Atlantic  also  includes  some  2,500 
decisions  which  have  not  been  and  will  not  be  published  in  the 
State  Reports.  Over  150  of  the  omitted  cases  are  from  Maine, 
and  can  only  be  found  in  the  Atlantic.  Can  you  afford  to  be 
without  part  of  your  own  state's  decisions?  The  tables  of 
cross-citations  furnished  with  the  Atlantic  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.  The  set  sells  at  a  fraction  of  the  cost  of  the  cor- 
responding State  Reports.     Write  us  for  further  information 

and  price. 

West  Publishing  CJo.,  St  Paul,  Minn. 
6 


HTarylanb. 


Citlxenship— Age— Character. 

The  laws  governing  admission  to  practice  provide  that  the 
appHcant  must  be  21  years  of  age,  of  good  moral  character, 
and  an  actual  bona  fide  resident  of  the  state  at  the  time  he 
applies  for  admission. 

Term  of  Study. 

Petitioner  must  have  studied  law  in  the  office  of  a  member  pf 
the  bar  of  this  state  or  in  a  law  school  of  the  United  States 
for  at  least  two  years,  and  must  file  with  his  petition  a  certificate 
from  the  attorney  in  whose  office  he  studied,  or  the  dean  or  in- 
structor of  the  law  school,  to  the  effect  that  petitioner  has  pur- 
sued under  his  direction  for  at  least  two  years  the  course  of 
study  outlined  below,  and  that  petitioner  is  a  person  of  good 
moral  character. 

Examination — Regulations — Scope— Fee. 

Applications  for  admission  shall  be  made  by  petition  to  the 
Court  of  Appeals,  and  then  referred  by  the  Court  of  Appeals  to 
the  board  of  examiners,  consisting  of  three  members  of  the  bar 
of  at  least  10  years'  standing,  appointed  by  the  Court  of  Ap- 
peals, who  shall  test  the  applicants  as  to  their  legal  qualifica- 
tions in  the  manner  designated  by  the  uniform  system  of  ex- 
amination prescribed  by  the  Court  of  Appeals,  which  includes 
a  written  examination  upon  the  subjects  of  Elementary  Law, 
Contracts,  Torts,  Wills  and  Administration  of  Estates,  Cor- 
porations, Evidence,  Equity,  Real  Property,  Personal  Property, 
Criminal  Law,  Domestic  Relations,  Pleading  and  Practice  at 
Law  and  in  Equity  (at  Common  Law  and  in  Maryland),  Con- 
stitutional Law,  International  Law,  and  Legal  Ethics.  The 
board  may  also  examine  the  applicant  orally,  if  it  sees  fit. 
When  filing  application,  a  fee  of  $25  shall  be  paid  to  the  treas- 


RULES    FOR   ADMISSION    TO    THE    BAR.  67 

urer  of  the  board  of  examiners,  which  sum  shall  entitle  the 
candidate  to  three  examinations,  and  no  more. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Members  of  the  bar  of  any  other  state  or  territory  within  the 
United  States,  who  for  five  years  after  admission  have  been  en- 
gaged as  practitioners,  judges,  or  teachers  of  law,  shall  be  ad- 
mitted, after  becoming  residents  of  this  state,  without  examina- 
tion, on  proof  of  such  former  admission  and  of  good  moral 
character,  and  the  payment  of  the  fee  of  $25.  Proof  of  good 
moral  character  shall  be  by  certificate  of  a  judge  of  the  state 
in  which  he  was  admitted  or  by  the  certificate  of  two  members 
of  the  bar  of  this  state  showing  how  long  they  have  known  the 
applicant,  that  he  is  of  good  moral  character,  a  member  of  the 
bar  in  good  standing,  and  that  he  has  been  actively  engaged 
as  practitioner  or  teacher  of  the  law  or  judge  in  such  state  for 
at  least  five  years  before  the  filing  of  his  petition. 

Admission  on  Diploma. 

Students  who  have  matriculated  in  the  Law  Department  of 
the  University  of  Maryland  or  the  Baltimore  University  School 
of  Law  prior  to  January  1, 1898,  shall  be  admitted  as  heretofore 
upon  presentation  of  diplomas. 

Miscellaneous. 

Examinations  are  held  in  June  and  November.  30  daj^s'  no- 
tice of  the  time  and  place  being  given  by  the  board.  AppHca- 
tions  must  be  filed  at  least  10  days  before  the  times  set  for  the 
examination. 

Women  shall  be  permitted  to  practice  law  in  this  state  upon 
the  same  conditions  and  requirements  as  provided  for  with  ref- 
erence to  men. 

Source  of  Kules. 

Pub.  Gen.  Laws  1904,  art.  10,  §§  1-6;  Laws  1898,  c.  139; 
Rules  of  Ct.  of  App.  (44  Atl.  v,  vi). 


68  RULES    FOR    ADMISSION    TO    THE    BAB. 

MARYLAND  DECISIONS. 

1658  to  1909. 

A  complete  set  of  Maryland  Reports  (down  to  1909)  con- 
sists of: 

Harris  &;  McHenry,  4  vols. 

Harris  &  Johnson,  7  vols. 

Harris  &  Gill,  2  vols. 

Gill  &  Johnson,  12  vols. 

Gill,  9  vols. 

Bland's  Chancery,  3  vols. 

Maryland  Chancery,  4  vols. 

Maryland,  106  vols. 
The  Atlantic  Reporter,  71  vols.,  contains  all  decisions  in 
Maryland,  vols.  64  to  106,  and  upward  of  500  decisions  which 
have  been  omitted  from  the  State  Reports  and  can  only  be 
found  in  the  Atlantic.  The  set  also  contains  all  decisions  for 
the  last  24  years  from  Connecticut,  Delaware,  Maine,  New 
Hampshire,  New  Jersey,  Pennsylvania,  Rhode  Island,  and 
Vermont.  The  tables  of  cross-citations  furnished  with  the  At- 
lantic make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  Atlantic  Reporter 
costs  but  a  small  fraction  of  the  cost  of  the  corresponding 
State  Reports.     Write  for  price  and  detailed  information. 

West  Publishing  Oo.,  St.  Paul.  Minn. 


IHassacf^usetts. 

Citizenship — Age — Character. 

A  citizen  of  the  United  States,  or  an  alien  who  has  declared 
intention  of  becoming  a  citizen  of  the  United  States,  whether 
man  or  woman,  21  years  of  age,  and  of  good  moral  character, 
may  be  admitted  to  the  bar,  if  his  legal  qualifications  are  suffi- 
cient. 

Term  of  Study — General  Education. 

Every  candidate  for  admission  shall  file,  either  together  with 
his  petition  or  with  the  chairman  or  secretary  of  the  Board  of 
Examiners,  proof  that  he  is  entitled  to  be  examined,  together 
with  evidence  of  his  good  moral  character  and  the  course  of 
study,  both  general  and  legal,  pursued  by  him.  Such  proof 
shall  be  by  certificate,  forms  for  which  may  be  obtained  from 
the  several  clerks  of  court,  or  from  the  secretary  of  the  board. 
Applicant  should  have  at  least  the  equivalent  of  a  high  school 
education,  and  may,  if  deemed  necessary  by  the  board,  be  ex- 
amined in  studies  generally  pursued  in  grammar  and  high 
schools.    There  is  no  fixed  term  of  study. 

Examination — Regulations — Scope — Fee. 

The  petition  shall  be  filed  with  the  clerk  of  the  court  for  the 
county  in  which  petitioner  last  studied  law,  at  least  five  days 
before  the  day  of  the  examination,  and  shall  be  accompanied 
by  the  recommendation  of  an  attorney  of  the  court,  stating  the 
moral  character  of  the  applicant;  provided,  that  any  person 
who  has  studied  at  a  law  school  connected  with  a  college  or 
university  within  the  commonwealth  may  file  his  application 
either  in  the  county  in  which  such  law  school  is  established  or 
in  the  county  of  Suffolk.    Examination  shall  be  in  writing,  and 

(69) 


70  RULES    FOR   ADMISSION   TO    THE    BAR. 

shall  be  based  upon  the  following  subjects,  or  some  portion 
thereof :  Contracts,  Torts,  Real  Property,  Criminal  Law,  Evi- 
dence, Equity,  Corporations,  Partnership,  Mortgages,  Surety- 
ship, Agency,  Sales,  Negotiable  Instruments,  Bailments,  Car- 
riers, Wills,  Probate  Law,  Domestic  Relations,  Trusts,  Plead- 
ing, Practice,  Constitutional  Law,  Bankruptcy,  and  Legal  Eth- 
ics. In  addition,  the  applicant  should  have  knowledge  of  the 
general  principles  of  common  law  and  of  the  most  important 
provisions  of  the  statutes. 

A  fee  of  $15  shall  accompany  each  petition,  which  fee  covers 
all  charges.  No  rejected  person  shall  be  re-examined  within 
five  months  from  the  prior  examination,  and  a  fee  of  $10  must 
be  paid  on  a  subsequent  petition. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  person  admitted  to  practice  before  the  highest  tribunal  of 
another  state,  of  which  he  was  an  inhabitant,  may  be  admitted 
to  examination  upon  proof  of  such  former  admission  and  of 
good  moral  character,  together  with  recommendations  from 
at  least  two  members  of  the  bar  to  which  applicant  was  admit- 
ted, and,  if  possible,  a  recommendation  from  a  judge  of  the 
highest  court  in  the  jurisdiction  where  applicant  was  admitted; 
also  one  or  more  recommendations  from  members  of  the  bar 
in  Massachusetts.  Blank  certificates  and  forms  may  be  procur- 
ed from  any  of  the  clerks  of  court,  and  each  petition  should 
be  accompanied  by  a  fee  of  $15.  One  so  admitted  in  another 
jurisdiction,  who  has  practiced  there  for  three  years,  may  be 
admitted  here  without  examination,  in  the  discretion  of  the 
board. 

Miscellaneous. 

Women  shall  be  granted  licenses  to  practice  upon  showing 
the  qualifications  before  enumerated.  No  person  who  does 
not  intend  to  practice  as  an  attorney  in  this  state  shall  be  en- 
titled to  examination.     Examinations  are  held  in  Boston  on  or 


RULE.S    FOR    ADMISSION    TO    THE    BAR.  71 

about  January  1st  and  July  1st  of  each  year.     Due  notice  of 
the  time  and  place  shall  be  given. 

Source  of  Rules. 

Rev.  Laws,  c.  165,  §§  39-43,  as  amended  by  Acts  1901:,  c. 
355;  Rules  Sup.  Jud.  Ct.,  July  3,  1905;  Rules  Super.  Ct.,  July 
1,  1906;  Rules  Board  of  Examiners,  June  23,  1904. 


MASSACHUSETTS  DECISIONS. 

1804  to  1909. 

A  complete  set  of  Massachusetts  Reports  (dov^rn  to  1909) 

consists  of: 

Massachusetts,  17  vols. 

Pickering,  24  vols. 

Metcalf,  13  vols. 

Gushing,  12  vols. 

Gray,  16  vols. 

Allen,  14  vols. 

Massachusetts,  vols.  97  to  197. 
The  Northeastern  Reporter,  86  vols.,  contains  all  decisions 
in  Massachusetts,  vols.  139  to  197,  and  all  decisions  for  the  last 
24  years  of  Illinois,  Indiana,  New  York,  and  Ohio.  The  ta- 
bles of  cross-citations  furnished  with  the  Northeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  Northeastern  Reporter,  con- 
taining, as  it  does,  all  current  decisions  of  the  states  in  which 
the  great  commercial  centers  are  located,  is  considered  the 
best  set  of  commercial  and  corporation  reports  extant.  We 
will  supply  full  information  and  prices  on  request. 

West  PcBLisirixG  Co.,  St.  Paul,  Minn. 


2Hicf?tgan. 


Citizensliip— Age — Character. 

Every  person  who  is  a  resident  and  a  citizen  of  the  United 
States,  of  full  age  and  of  good  moral  character  (which  last 
shall  be  certified  to  by  at  least  two  members  of  the  bar  of  this 
state  in  good  standing,  and  by  the  judge  of  the  circuit  in  which 
applicant  resides,  if  applicant  is  known  to  such  judge),  shall  be 
admitted  to  the  bar  of  this  state  upon  presentation  of  a  cer- 
tificate of  approval  from  the  board  of  examiners. 

Preliminary  Education — Term    of    Study. 

The  board  of  examiners  will  regard  applicants  who  have 
received  bachelor's  degrees  from  any  reputable  college  or  uni- 
versity as  having  the  requisite  general  educational  qualifications 
for  admission  to  the  bar.  A  similar  presumption  will  be  made 
in  favor  of  all  graduates  of  normal  or  high  schools  in  the  state 
of  Michigan,  or  other  reputable  institutions  of  a  similar  charac- 
ter, also  any  person  possessing  a  teacher's  certificate  issued  by 
any  board  of  school  examiners  in  the  state  of  Michigan  for  the 
first  grade,  or  higher.  In  the  absence  of  any  of  the  above  evi- 
dence, applicants  will  be  examined,  before  taking  the  legal  ex- 
amination, in  the  subjects  of  arithmetic,  grammar,  elementary 
algebra,  general  American  and  English  history,  civil  govern- 
ment, composition  and  rhetoric,  and  English  literature. 

In  filing  an  application,  the  petitioner  shall  satisfy  the  board 
that  he  has  diligently  pursued  the  study  of  law  for  three  years. 

Examination — Regulations — Scope — Fee. 

The  board  of  examiners  is  composed  of  five  competent  law- 
yers of  the  state,  appointed  by  the  Governor  on  the  recommen- 
dation of  the  Supreme  Court.  The  examination  shall  be  partly 
written  and  partly  oral,  and  shall  include  the  following  subjects : 
Administration  of  Estates,  including  Wills  ;  Agency,  Bailments 

(72) 


RULES    FOR    ADMISSION    TO    THE    BAR.  73 

and  Carriers,  Bills  and  Notes,  Common  Law,  Contracts,  Con- 
stitutional Law,  Corporations,  both  Public  and  Private,  Crim- 
inal Law  and  Procedure,  Damages,  Domestic  Relations,  Equi- 
ty Jurisprudence  and  Procedure,  Evidence,  Insurance,  Mort- 
gages, Real  and  Personal,  Partnership,  Pleading  and  Practice 
at  Common  Law  and  under  the  Michigan  Laws,  Personal  Prop- 
erty, Real  Property,  including  Landlord  and  Tenant ;  Fixtures 
and  Easements,  Torts,  Legal  Ethics,  Trusts,  Michigan  Statute 
Law,  International  Law,  Suretyship,  Fraud,  Jurisdiction  and 
Practice  of  the  United  States  Courts,  and  any  other  subjects 
that  the  board  of  examiners  may  choose  to  add.  A  minimum 
of  70  per  cent,  shall  be  required  for  qualification.  Each  peti- 
tion shall  be  accompanied  by  a  fee  of  $10,  which  shall  entitle 
the  candidate  to  a  second  attempt,  if  the  first  is  unfavorable. 
The  second  test  can  only  be  taken,  however,  six  months  or  more 
after  the  failure,  and  the  application  in  such  case  must  state 
that  that  length  of  time  has  been  spent  diligently  in  the  study 
of  law. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

When  an  applicant  shall  furnish  a  certificate  to  practice  in  a 
court  of  last  resort  of  another  state,  or  in  any  Circuit  or  Dis- 
trict Court  of  the  United  States,  together  with  the  recommenda- 
tion of  a  judge  of  that  court,  the  Supreme  Court,  in  its  dis- 
cretion, may  grant  a  license  on  motion  of  an  attorney  of  said 
court. 

Admission  on  Diploma. 

One  graduated  from  the  Law  Department  of  the  University 
of  Michigan  or  the  Detroit  College  of  Law  shall  be  admitted 
to  practice  on  presentation  of  diploma  and  avowal  of  the  pre- 
scribed oath. 

Miscellaneous. 

Examinations  are  held  at  Lansing  at  least  twice  a  year,  usual- 
ly on  the  second  Wednesday  of  the  October  and  April  terms  of 


74  RULES    FOR    ADMISSION    TO    THE    BAR. 

the  Supreme  Court.  Applications,  on  blank  forms  which  may 
be  obtained  of  the  secretary,  must  be  filed  with  the  secretary  at 
least  10  days  prior  to  the  examination.  The  present  secretary 
is  W.  W.  Hyde,  Grand  Rapids',  Mich. 

No  person  shall  be  denied  admission  on  account  of  sex. 

Source  of  Rules. 

Comp.  Laws  1897,  §§  1119-1121, 1123, 1124;  Rules  Board  of 
Examiners. 


MICHIGAN  DECISIONS. 

1836  to  1909. 

A  complete  set  of  Michigan  Reports  (down  to  1909)  con- 
sists of : 

Harrington,  1  vol. 

Walker,  1  vol. 

Douglas,  2  vols. 

Michigan,  152  vols. 
The  Northwestern  Reporter,  119  vols.,  contains  all  decisions 
of  Michigan  subsequent  to  vol.  40.  This  represents  80  per 
cent,  of  all  the  decisions  of  the  state,  and  includes  a  large  num- 
ber of  decisions  which  have  not  as  yet  been  published  in  the 
State  Reports.  It  also  contains  all  decisions  for  the  last  30 
years  of  Iowa,  Minnesota,  Nebraska,  and  Wisconsin,  and  all 
the  decisions  of  Dakota  Territory  and  North  and  South  Da- 
kota. The  tables  of  cross-citations  furnished  with  the  North- 
western make  it  a  simple  matter  to  find  the  cases,  even  if 
cited  by  the  State  Report  page  and  volume.  The  set  sells 
at  less  than  20  per  cent,  of  the  cost  of  the  corresponding  State 
Reports.     Write  for  full  information  and  prices. 

West  Publishing  Co.,  St.  Paul,  Minn. 


tninncsota. 

Citizensliip — Age — Character. 

In  this  state  the  rules  of  the  Supreme  Court  require  that  the 
apphcant  shall  be  a  citizen  of  the  United  States,  a  citizen  and 
resident  of  the  state,  21  years  of  age,  and  of  good  moral  char- 
acter, which  last  must  be  certified  to  by  two  practicing  attor- 
neys in  this  state. 

General  Education. 

Applicants,  other  than  those  exempt  from  test  before  the 
board  of  examiners,  shall  satisfactorily  prove  to  the  board  that 
they  have  passed  examination  in  one  year's  Latin,  English 
history,  American  history,  English  composition  and  rhetoric, 
and  the  common  school  branches  before  being  admitted  to  the 
bar  examination. 

Term  of  Study. 

A  person  who  shall  have  studied  law  for  three  years,  within 
the  five  years  preceding  his  application,  either  in  a  law  school 
or  in  the  office  of  a  practicing  attorney,  or  in  both,  provided 
at  least  six  months  was  spent  in  the  ofi'ice  of  a  practicing  at- 
torney in  this  state,  shall  be  eligible  to  the  bar  examination. 
If  for  at  least  six  months  the  candidate  has  pursued  his  studies 
in  the  ofiice  of  a  practicing  attorney  in  this  state  as  prescribed, 
the  board  may,  in  its  discretion,  accept  in  lieu  of  the  remainder 
of  the  time  required  to  be  passed  in  a  law  office  or  school  an. 
equivalent  period  of  study,  irrespective  of  the  manner  or  place 
in  which  it  was  spent. 

Examination — Regulations — Scope — Fee. 

The  petition  for  examination  shall  be  filed  with  the  secretary 
of  board,  and  shall  contain  statements  regarding  applicant's 

(7.-.) 


76  RULES    FOR    ADMISSION    TO    THE    BAR. 

name,  age,  and  occupation,  if  any;  his  present  residence,  how 
long  he  has  resided  in  this  state,  and  his  place  of  residence  dur- 
ing the  preceding  three  years ;  the  course  or  nature  of  his  gen- 
eral education,  in  what  educational  institution  it  was  pursued, 
and  the  time  spent  therein.  All  applicants,  except  attorneys  of 
five  years'  standing,  shall  also  state  in  their  affidavit  where  and 
during  what  time  they  have  studied  law,  in  what  school,  if  any, 
and  for  what  period  of  time,  the  name  and  place  of  residence 
of  every  attorney  in  this  state  and  elsewhere  in  whose  office 
they  have  studied,  and  the  period  of  study  in  such  office. 

The  branches  of  general  education  upon  which  the  petitioner 
shall  be  examined  are  left  to  the  discretion  of  the  board,  but 
such  examination  shall  include:  The  law  of  Real  Property, 
including  Mortgages  and  other  liens  on  Real  Property  and 
Conveyances,  Trusts,  Taxation,  Equity  Jurisprudence,  Minne- 
sota Statute  Law,'  Code  Pleading  and  Practice,  Constitutional 
Law,  Conflict  of  Laws,  Criminal  Law,  Evidence,  Corporation 
Law,  including  both  Private  and  Municipal  Corporations,  Con- 
tracts, including  Sales,  Bailments,  Negotiable  Instruments, 
Landlord  and  Tenant,  Partnership,  Agency,  Suretyship, 
Frauds,  Damages,  Chattel  Mortgages  and  Liens  on  Per- 
sonal Property,  Torts,  including  Negligence,  Domestic  Rela- 
tions, Executors  and  Administrators,  Wills,  and  Legal  Ethics. 
In  connection  with  the  foregoing  topics  a  knowledge  of  the 
common  law  as  affected  by  Minnesota  statute  law  will  be  re- 
quired. A  general  average  of  75  per  cent,  shall  be  required 
for  qualification.  Where  the  general  average  of  an  applicant 
is  less  than  75  per  cent.,  he  shall  be  re-examined  in  all  subjects 
in  which  he  fell  below  75  per  cent. :  provided,  that  where  an 
applicant's  marks  are  less  than  60  per  cent,  on  not  less  than 
one-fourth  of  the  subjects,  or  less  than  75  per  cent,  on  not  less 
than  one-half  of  the  subjects,  he  shall  be  re-examined  in  all 
subjects.     If  the  test  is  favorable,  the  board  shall  so  signify, 


RULES    FOR    ADMISSION    TO    THE    BAR.  77 

and  the  oath  of  office  shall  be  administered  and  license  granted. 
With  the  petition  for  examination,  a  fee  of  $15  shall  be  de- 
posited. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  of  five  years'  standing  from  any  other  state  or 
territory,  or  from  the  District  of  Columbia,  may,  in  the  discre- 
tion of  the  board,  be  admitted  without  examination,  upon  mak- 
ing application,  accompanied  by  his  certificate  of  admission 
and  the  certificate  of  a  judge  of  a  court  of  record  or  of  two 
practicing  attorneys  of  such  state,  showing  that  he  is  of  good 
moral  character ;  also  a  like  certificate  from  two  practicing  at- 
torneys in  this  state.  A  fee  of  $15  shall  accompany  the  peti- 
tion. Such  application  may  be  acted  upon  by  the  board  at  any 
time,  without  waiting  for  a  regular  meeting.  Any  attorney  of 
less  than  five  years  standing  from  any  other  state  or  territory, 
or  from  the  District  of  Columbia,  who  has  studied  law,  either 
in  a  law  school  or  in  the  office  of  a  practicing  attorney,  or  both, 
for  a  period  of  not  less  than  three  years,  six  months  of  which 
period  shall  have  been  spent  in  study  in  the  office  of  a  practic- 
ing attorney  in  this  state,  may  be  examined  by  said  board  as 
prescribed. 

Admission  on  Diploma. 

The  foregoing  rules  do  not  apply  to  graduates  of  the  College 
of  Law  of  the  State  University,  the  St.  Paul  College  of  Law, 
or  of  any  law  school  in  the  state  which  has  the  certificate  of 
the  Supreme  Court  approving  the  course  of  study,  faculty, 
etc.  Such  graduates  are  admitted,  without  examination  or 
fee,  at  any  time  within  two  years  after  graduation,  on  presenta- 
tion of  diploma. 

Miscellaneous. 

The  examinations  shall  be  held  in  either  of  the  cities  of  St. 
Paul,  Minneapolis,  Winona,  Mankato,  Duluth,  or  Fergus  Falls, 
on  the  following  dates:     First  Tuesday  after  first  Monday  ^n 


78  RULES    FOR    ADMISSION    TO    THK    BAR. 

January;  first  Tuesday  in  May;  first  Tuesday  in  September. 
Applications  should  be  filed  with  the  secretary  of  the  Board, 
Eli  Southworth,  Shakopee,  Minn.,  at  least  three  weeks  before 
the  examination.  Rules  and  forms  for  application  may  be  pro- 
cured of  the  secretary. 

Source  of  Rules. 

Gen.  Laws  1893,  c.  129;  Laws  1899,  c.  60;  Laws  1901,  c. 
100 ;  Rev.  Laws  1905,  c.  35 ;  Rules  Board  of  Examiners,  Feb. 
17,  1892,  and  Sept.  7, 1899,  as  amended  June  13, 1901,  and  May 
17,  1904. 


MINNESOTA  DECISIONS. 

1851  to  1909. 

A  complete  set  of  Minnesota  Reports  (down  to  1909)  con- 
sists of  104  vols.  All  decisions  in  vols.  26  to  104,  and  many  oth- 
er decisions  not  yet  published  in  the  State  Reports,  are  reported 
in  the  Northwestern  Reporter,  119  vols.  These  represent  more 
than  75  per  cent,  of  all  the  Minnesota  decisions.  The  North- 
western also  contains  all  decisions  for  the  last  30  years  of  Iowa, 
Michigan,  Nebraska,  and  Wisconsin,  and  all  decisions  of  Da- 
kota Territory  and  North  and  South  Dakota.  The  tables  of 
cross-citations  furnished  with  the  Northwestern  make  it  a  sim- 
ple matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  Northwestern  is  in  general  use,  and 
is  cited  by  both  the  bench  and  bar.  Write  for  full  information 
and  prices. 

West  Pttblishing  Co.,  St.  Paul,  Minn. 


Zllississippn 


Citizensliip— Age— Character. 

The  candidate  for  admission  in  this  state  shall  prove  that 
he  is  a  citizen  of  the  United  States,  a  resident  of  the  state,  21 
years  of  age,  and  of  good  moral  character. 

Examination — Regulations — Scope — Fee. 

The  application  shall  be  made  in  writing  to  the  court  of  chan- 
cery for  some  county  in  the  district  of  his  residence.  The 
chancellor  shall  in  open  court  propound  to  the  candidate  ques- 
tions upon  the  subjects  of  the  law  of  Real  Property,  Personal 
Property,  Pleading,  Evidence,  Commercial  Law,  Criminal  Law, 
Chancery  and  Chancery  Pleading,  of  the  statute  law  of  the 
state,  and  of  the  Constitutions  of  the  United  States  and  of  the 
state  of  Mississippi,  and  shall  refer  the  written  answers  to  the 
chancellor  of  another  district  of  the  state,  who  shall  pass  upon 
the  same,  and  shall  certify  to  the  chancellor  before  whom  the 
examination  was  held  his  conclusions  as  to  the  sufficiency  or 
insufficiency  of  the  applicant's  legal  learning.  If  such  conclu- 
sions are  favorable,  the  candidate  will  be  granted  a  license  upon 
taking  the  prescribed  oath.  An  annual  privilege  license  of  $10 
to  the  state,  and  usually  one  of  $5  to  the  city  where  he  prac- 
tices, shall  be  paid  by  the  successful  candidate.  The  dismissal 
of  an  application  for  license  to  practice  shall  not  bar  another 
application  by  the  same  person  after  the  expiration  of  six 
months  from  the  date  of  dismissal. 

Admission  of  Attorneys  from   Otlier  Jurisdictions. 

Attorneys  from  other  states  shall  be  admitted  in  this  state 
upon  the  same  conditions  as  are  imposed  upon  attorneys  of 
this  state  by  such  other  states. 

(79) 


80  KULBS    FOR   ADMISSION    TO    THE    BAR. 

Admission  on  Diploma. 

If  the  candidate  be  a  graduate  of  the  Law  Department  of 
the  University  of  Mississippi  and  of  good  moral  character,  he 
shall  be  admitted  upon  presentation  of  diploma. 

Source  of  Rules. 

Code  19UG,  §§  202-209,  211. 


MISSISSIPPI  DECISIONS. 

1820  to  1909. 

A  complete  set  of  Mississippi  Reports  (down  to  1909)  con- 
sists of : 

Freeman's  Chancery,  1  vol. 

Smedes  &  Marshall's  Chancery,  1  vol. 

Walker,  1  vol. 

Howard,  7  vols. 

Smedes  &  Marshall,  14  vols. 

Mississippi,  vols,  23  to  91. 
Many  of  the  early  volumes  of  the  Mississippi  Reports,  how- 
ever, have  long  been  out  of  print,  and  are  very  scarce  and  ex- 
pensive. This  situation  has  worked  the  greatest  inconvenience 
to  the  bench  and  bar  for  years  past,  and,  in  recognition  of  the 
general  demand  for  a  new  and  complete  edition  of  these  Re- 
ports, we  have  undertaken  the  publication  of  a  complete  and 
annotated  Reprint  of  the  Mississippi  Reports,  to  cover  the  fol- 
lowing volumes :  Freeman's  Chancery ;  Smedes  &  Marshall's 
Chancery;  Walker  (1  Miss.);  Howard  (2-8  Miss.);  Smedes 
&  Marshall  (9-22  Miss.)  ;  and  Mississippi,  vols.  23-63— a 
total  of  65  original  volumes,  to  be  bound  in  31  books,  beginning 
with  vol.  63  and  working  backward.  Everything  in  the  origi- 
nal Reports,  including  the  paging,  will  be  preserved.  Full 
annotations  will  be  added,  showing  where  each  case  has  been 
subsequently  cited  by  the  Mississippi  Supreme  Court,  as  well 


RULES    FOR    ADMISSION    TO    THE    BAR.  81 

as  prior  and  subsequent  reports  of  the  same  case,  and  also  show- 
ing the  disposition  of  each  case  that  has  gone  to  the  Supreme 
Court  of  the  United  States.  Annotations  to  the  Century  Di- 
gest will  a^so  be  made,  showing,  in  connection  with  each  case, 
the  exact  places  in  the  Century  Digest  where  the  cognate  au- 
thorities have  been  collected  and  compared,  thus  bringing  to- 
gether all  the  law  applicable  to  any  particular  case.  Referen- 
ces to  the  annotations  in  the  American  Decisions  and  Ameri- 
can Reports  will  also  be  added.  This  Reprint  will  be  sold  in 
complete  sets  only.  Books  17  to  31  are  now  published,  cover- 
ing vols,  34  to  63  Mississippi.  Detailed  information  regarding 
this  Reprint  will  be  furnished  on  request. 

The  Southern  Reporter,  48  vols.,  contains  all  Mississippi 
decisions  subsequent  to  vol.  63,  and  all  decisions  for  the  last 
22  years  of  Alabama,  Florida,  and  Louisiana.  The  tables  of 
cross-citations  furnished  with  the  Southern  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.  The  Southern  is  the  only  medium  through  which 
all  of  the  current  Mississippi  decisions  may  be  had,  and  which 
furnishes  them  promptly.  Write  for  price  and  detailed  in- 
formation. 

West  ruBMsiiiNG  Co.,  St.  Paul,  Minn. 
6 


ITtissouri. 


4 
Age — Character. 

Every  applicant  for  a  license  to  practice  shall  produce  satis- 
factory evidence  that  he  is  31  years  of  age,  of  good  moral  char- 
acter, and  a  resident  of  the  state.  Proof  of  age  and  residence 
may  be  made  by  his  affidavit.  Proof  of  good  moral  character 
shall  be  by  written  certificate,  signed  by  the  judge  of  the  circuit 
court  or  of  the  court  of  common  pleas  and  three  members  of 
the  bar  of  the  county  where  applicant  resides,  or  has  lately  re- 
sided. 

General  Education. 

Applicant  must  have  acquired  a  general  education  equivalent 
to  that  obtained  through  a  common  or  grammar  school  course 
of  study,  and  shall  possess  a  fair  knowledge  of  the  subjects  of 
history,  literature,  and  civil  government. 

Examination — Regulation— Scope — Fee. 

Written  application  on  forms  prescribed  by  the  Board  of 
Examiners  must  be  filed  with  the  clerk  of  the  Supreme  Court 
at  least  10  days  before  the  date  set  for  examination,  and  must 
be  accompanied  by  a  fee  of  $10.  If  satisfied  that  the  require- 
ments in  the  above  paragraphs  have  been  complied  with,  the 
Board  of  Examiners  will  examine  the  candidate  in  writing  up- 
on the  following  subjects:  Contracts,  Criminal  Law  and  Pro- 
cedure, Torts,  Domestic  Relations,  Agency,  Public  and  Pri- 
vate Corporations,  Partnership,  Real  Property,  Personal  Prop- 
erty, Sales,  Bailments,  Carriers,  Common-Law  Pleading,  Code 
Pleading,  Equity,  Evidence,  Wills  and  Probate,  Constitutional 
Law,  Negotiable  Instruments,  Extraordinary  Legal  Remedies, 
Conflict  of  Laws,  Insurance,  Pleading  and  Practice  under  the 

(S2) 


RULES    FOR   ADMISSION    TO    THE    BAR.  83 

Missouri  Statutes  and  Legal  Ethics.  A  general  average  of  75 
per  cent,  in  all  subjects  and  not  less  than  60  per  cent,  on  any 
subject  is  required  in  order  to  entitle  the  applicant  to  pass.  In 
case  the  applicant  fails  to  pass,  he  will  be  notified  as  to  those 
subjects  upon  which  he  qualified  and  those  upon  which  he  fail- 
ed to  qualify,  and  will  be  given  the  privilege  of  a  further  exam- 
ination at  any  time  within  one  year,  without  further  charge,  on 
those  subjects  in  which  he  was  found  deficient.  In  case  of  suc- 
cess, the  oath  will  be  administered  and  license  granted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  becoming  a  resident  of  this  state  after  having 
been  admitted  to  the  bar  in  any  other  state  may,  in  the  discre- 
tion of  the  Supreme  Court,  be  admitted  to  practice  in  this  state 
without  examination,  upon  proof  of  the  other  qualifications  re- 
quired by  this  act,  and  proof  that  he  has  been  licensed  and  has 
practiced  law  regularly  for  three  years  in  the  state  from  which 
he  comes.  Nothing  in  this  act  shall  be  construed  to  prevent  a 
nonresident  attorney  in  good  standing  from  appearing  in  a 
case  in  which  he  may  be  employed. 

Miscellaneous. 

Examinations  will  be  held  on  the  third  Monday  in  January 
and  May  at  JeflFerson  City. 

Source  of  Rules. 

Laws  1905,  pp.  48-49,  repealing  sections  4918^920,  4937, 
Rev.  St.  1899;  Ann.  St.  1906,  §  4920  (1-10). 


MISSOURI  DECISIONS. 

1821  to  1909. 

A  complete  set  of  Missouri  Reports  (down  to  1909)  consists 
of  212  vols.  Supreme  and  132  Appeals.  All  decisions  subse- 
quent to  volume  88  Supreme  and  93  Appeals  are  reported  in 


84  RULES    FOR    ADMISSION    TO    THE    BAR. 

the  Southwestern  Reporter,  114  vols.,  together  with  all  deci- 
sions for  the  last  23  years  from  Arkansas,  Kentucky,  Tennessee, 
and  Texas,  and  all  decisions  of  Indian  Territory.  The  tables  of 
cross-citations  furnished  with  the  Southwestern  make  it  a  sim- 
ple matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  Missouri  Court  of  Appeals  was  or- 
ganized in  1876.  The  final  jurisdiction  was  very  low,  and 
until  1902  it  was  not  regarded  as  a  court  of  last  resort.  The 
jurisdiction  was  changed  in  1902,  and  w^e  then  began  to  pub- 
lish the  decisions  in  the  Southwestern  Reporter. 

We  will  furnish  prices  and  full  information  on  request. 

West  Publishing  Co.,  St.  Paul,  Minn. 


irtontana. 


Citizenship — Age — Character. 

Any  person  applying  for  examination  shall  file  with  the  clerk 
of  the  Supreme  Court,  at  least  10  days  prior  to  the  date  of  such 
examination,  a  verified  petition  setting  forth  that  he  is  a  citi- 
zen of  the  United  States,  or  a  resident  of  this  state  who  has 
bona  fide  declared  his  intention  of  becoming  a  citizen,  and  that 
he  is  of  full  age  and  of  good  moral  character. 

Term  of  Study. 

His  petition  shall  contain,  also,  the  certificate  of  two  reputa- 
ble lawyers  that  applicant  has  studied  law  for  two  successive 
years  prior  to  such  application. 

Hxaminatioii — Regulations— 'Scope— Fee. 

The  questions  and  answers  of  the  examinations  shall  be  prin- 
cipally in  writing,  and  shall  be  strict,  both  as  to  elementary 
principles  and  the  Codes  and  practice  of  this  state.  Before  a 
license  shall  be  granted  the  candidate  shall  take  the  oath  pre- 
scribed by  law.     The  admission  fee  is  $5. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  citizen  of  the  United  States,  or  a  resident  of  this  state  who 
has  bona  fide  declared  his  intention  of  becoming  a  citizen,  who 
has  been  admitted  to  practice  before  the  highest  tribunal  of 
another  state,  or  of  a  foreign  country,  where  the  common  law 
exists  as  a  basis,  shall  be  admitted  here,  with  or  without  ex- 
amination, in  the  discretion  of  the  court,  upon  filing  certificates 
showing  good  moral  character,  where,  with  whom,  and  for 
what  period  he  has  studied,  where  and  how  long  he  has  prac- 
ticed, if  such  he  has,  his  standing  in  the  court  in  which  he  last 
practiced,  and  the  recommendation  of  the  presiding  judge  of 
such  court.     Before  being  admitted  to  practice  he  shall  take  the 

oath  prescribed  by  law. 

(85) 


86  EULES   rOR   ADMISSION   TO   THE   BAR, 

MisoeUaneovB. 

Applications  should  be  filed  with  the  clerk  at  least  10  days 
prior  to  the  date  of  examination.  Examinations  are  held  in 
the  Supreme  Court  rooms  on  the  second  day  of  the  June  and 
December  terms  of  each  year.  Terms  commence  on  the  first 
Tuesday  of  the  month.  The  foregoing  rules  apply  to  women 
as  well  as  to  men. 

Sonroe  of  Rules. 

Sup.  Ct.  Rules  adopted  January  4,  1909. 


MONTANA  DECISIONS. 

1868  to  1909. 

A  complete  set  of  Montana  Reports  (down  to  1909)  consists 
of  36  vols.  The  Pacific  Reporter,  97  vols.,  contains  all  deci- 
sions subsequent  to  vol,  3  Montana,  and  all  decisions  for  the 
last  26  years  of  California,  Colorado,  Idaho,  Kansas,  Nevada, 
New  Mexico,  Oregon,  Utah,  Washington,  and  Wyoming,  and 
all  decisions  of  Arizona  and  Oklahoma.  The  tables  of  croes- 
citations  furnished  with  the  Pacific  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. Owing  to  the  limited  number  of  local  precedents,  it  is 
necessary  to  go  outside  of  Montana  for  case-law  authorities, 
and  the  Pacific  Reporter  is  the  medium  naturally  chosen.  In- 
deed, the  set  is  usually  considered  indispensable  in  all  the  Pa- 
cific Coast  states.  This  is  especially  true  as  to  Montana,  for 
the  reason  that  the  Montana  Code  was  adapted  from  that  of 
California,  and  the  courts  follow  the  California  decisions  close- 
ly. The  Pacific  contains  75  per  cent,  of  all  the  California  de- 
cisions, including  hundreds  that  are  nowhere  else  reported. 
Write  for  price  and  full  information. 

West  Publishing  CJo.,  St.  Paul,  Minn. 


Hcbmska. 


Citizensliip— Age — Character. 

When  applying  for  admission  to  the  bar,  the  applicant  must 
show  that  he  is  a  citizen  of  the  United  States,  a  resident  of 
Nebraska,  21  years  of  age  at  the  time  of  apphcation,  and  of 
good  moral  character. 

General  £dncation — Term  of  Study. 

Before  attempting  the  examination,  applicant  must  prove  to 
the  examiners  that  he  has  had  preliminary  education  equiva- 
lent to  that  involved  in  the  completion  of  the  first  three  years  of 
a  high  school  course  accredited  by  the  state  department  of  pub- 
lic instruction.  He  shall  also  satisfy  the  examiners  that  he  has, 
for  a  period  of  three  years,  diligently  pursued  his  legal  studies 
in  a  reputable  law  school  or  in  the  office  of  a  practicing  attor- 
ney, or  partly  in  one  and  partly  in  the  other.  At  least  one  year 
of  such  office  study  shall  have  been  passed  in  a  law  office  of 
this  state. 

Examination — Regulations — Scope — Fee. 

The  Supreme  Court  shall  fix  the  time,  place,  and  rules  for 
examinations,  and  may  appoint  a  commission  of  not  less  than 
five  persons  learned  in  the  law  to  assist  in  or  conduct  any  such 
examinations.  At  least  four  weeks  prior  to  the  day  set  for  the 
examinations,  the  applicant  shall  file  with  the  clerk  of  the  Su- 
preme Court  a  written  request  in  his  owrt  handwriting,  sub- 
scribed by  himself,  together  with  proofs  of  his  general  qualifica- 
tions, as  mentioned  above.  These  proofs  shall  state,  too,  the 
time  and  place  of  preparatory  study,  and  shall  contain  the  af- 
fidavit of  two  reputable  citizens  of  the  applicant's  own  com- 
munity vouching  for  his  morality  and  reputation  in  that  com- 
munity, and  the  names  and  addresses  of  three  persons,  other 

(S7) 


88  RULi:s  F»)i:  admission  to  the  bar. 

than  those  certifying  for  him,  of  whom  further  inquiry  may  be 
made  by  the  board  of  examiners.  At  the  time  of  fiUng  applica- 
tion, the  petitioner  shall  deposit  with  the  clerk  the  sum  of  $5 
Except  for  the  division  of  the  questions  and  answers  into  oral 
and  written,  the  method  of  conducting  the  examination  is  left 
to  the  discretion  of  the  board  of  examiners.  As  soon  as  prac- 
ticable after  the  conclusion  of  the  examination,  the  board  shall 
report  to  the  court  the  results,  and  the  names  of  the  persons 
entitled  to  admission  as  decided  by  a  majority  of  the  board, 
which  persons  shall  thereupon  be  admitted  to  practice  upon  tak- 
ing the  oath  prescribed  by  law.  If  the  applicant  is  disqualified, 
he  shall  not  be  admitted  to  examination  for  one  year  from  the 
time  of  such  failure,  and  until  he  shall  have  filed  a  certificate 
that  he  has  studied  law  for  one  year  since  his  rejection. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  practicing  attorney  becoming  a  resident  of  this  state, 
who  has  been  admitted  in  a  court  of  record  of  another  state  or 
territory,  must  make  his  application  as  required  by  these  rules 
and  present  proof  by  certificate  that  he  is  a  licensed  prac- 
titioner in  a  court  of  record  of  another  state  where  the  re- 
quirements for  admission  when  he  was  admitted  were  equal  to 
those  prescribed  in  this  state,  or,  that  he  has  practiced  law  five 
full  years  under  license  in  such  state  within  the  ten  years  next 
preceding  the  date  of  his  application. 

Miscellaneous. 

Every  person  applying  for  admission  as  having  studied  in 
the  ofBce  of  a  practicing  attorney  in  this  state  must  have  regis- 
tered wath  the  clerk  of  court  at  the  beginning  of  his  term  of 
study,  giving  his  name,  address,  and  the  name  and  address  of 
the  attorney  in  whose  office  he  is  studying.  A  fee  of  50  cents 
will  be  required  from  every  applicant  registered.  Examina- 
tions will  be  held  on  the  second  Tuesday  of  Jtme  and  the  third 
Tuesday  of  November  of  each  year,  and  at  such  other  times  as 
the  commission  mav  deem  advisable. 


RULES    FOR    ADMISSION    TO    THE    BAR.  89 

Graduates  from  the  College  of  Law  of  the  State  University 
and  the  Creighton  College  of  Law  shall  make  application  con- 
taining statements  regarding  qualifications  in  the  same  manner 
as  required  of  other  applicants.  If  otherwise  satisfactory,  they 
will  be  admitted  without  further  examination. 

Source  of  Rules. 

Comp.  St.  1907,  c.  7;  Rules  Sup.  Ct.  in  force  Jan.,  1909. 


NEBRASKA  DECISIONS. 

1854  to  1909. 

A  complete  set  of  Nebraska  Reports  (down  to  1909)  con- 
sists of  77  vols.  The  Northwestern  Reporter,  119  vols.,  con- 
tains all  decisions  subsequent  to  vol.  8  Nebraska,  including  the 
decisions  of  the  Supreme  Court  Commissioners,  representing 
nearly  80  per  cent,  of  all  the  decisions  of  the  state.  These 
Commissioners'  Decisions  are  also  published  in  a  series  of  re- 
ports known  as  "Nebraska  Unofficial  Reports,"  of  which  series 
there  are  five  volumes.  The  Northwestern  Reporter  contains, 
in  addition  to  the  above,  all  decisions  for  the  last  30  years  of 
Iowa,  Michigan,  Minnesota,  and  Wisconsin,  and  all  decisions 
of  Dakota  Territory,  and  North  and  South  Dakota.  The  ta- 
bles of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  set  sells  for  about  one-fifth  of 
the  cost  of  the  corresponding  State  Reports.     Write  for  price 

and  full  information. 

West   Publishing   Co.,    St.   Paul,    Minn.   _ 


Hcr»aba. 


Citizenship — Age — Character. 

The  applicant  for  admission  in  this  state  shall  be  a  bona  fide 
resident  of  the  state,  21  years  of  age,  and  of  good  moral  char- 
acter. 

Examination — Regulations — Scope — Fee. 

Application  shall  be  made  to  the  district  judge,  who  shall 
refer  it  to  the  Supreme  Court,  This  court  will  then  appoint 
the  district  judge  and  two  attorneys  residents  of  the  district 
to  constitute  a  board  of  examiners.  This  board  shall  test  the 
applicant  upon  his  legal  attainments  by  examination  in  open 
court,  the  questions  to  be  answered  in  writing  upon  the  stfbjects 
of  the  history  of  Nevada  and  of  the  United  States,  the  consti- 
tutional relations  of  the  state  and  federal  government,  the 
jurisdiction  of  the  various  courts  of  Nevada  and  of  the  Unit- 
ed States,  the  various  sources  of  municipal  law  of  Nevada, 
the  general  principles  of  the  common  law  relating  to  property 
and  personal  rights  and  obligations,  the  general  grounds  of 
equity  jurisdiction  and  the  principles  of  equity  jurisprudence, 
rules  and  principles  of  pleading  and  evidence,  practice  under 
the  Civil  and  Criminal  Codes  of  Nevada,  and  remedies  in 
hypothetical  cases.  A  fee  of  $35  shall  be  deposited  before  fil- 
ing application,  which  will  be  returned  if  application  is  rejected. 

Admission  of  Attorneys    from    Other   Jurisdictions. 

One  who  has  been  admitted  upon  a  creditable  examination  in 
HPy  other  state,  territory,  or  foreign  country  where  the  common 
law  of  England  is  the  basis  of  jurisprudence  may  be  licensed 
here,  upon  proof  of  such  fact  and  a  certificate  of  some  respon- 
sible party  that  applicant  is  of  good  moral  character. 

(90) 


RULES    FOR   ADMISSION    TO    THE    BAE,  91 

Miscellaneons. 

The  foregoing  rules  apply  to  women  as  well  as  to  men. 

Source  of  Rules. 

Comp.  St.  1900,  §§  2612-2618;    Sup.  Ct.  Rules   (73  Pac. 
xi-xii). 


NEVADA  DECISIONS. 

1865  to  1909. 

A  complete  set  of  Nevada  Reports  (down  to  1909)  consists 
of  29  vols.  All  decisions  subsequent  to  vol.  16  are  reported  in 
the  Pacific  Reporter,  97  vols.,  together  with  all  decisions  for 
the  last  26  years  of  California,  Colorado,  Idaho,  Kansas,  Mon- 
tana, New  Mexico,  Oregon,  Utah,  Washington,  and  Wyoming, 
and  all  decisions  of  Arizona  and  Oklahoma.  The  tables  of 
cross-citations  furnished  with  the  Pacific  make  it  a  simple  mat- 
ter to  find  the  cases,  even  if  cited  by  the  State  Report  page 
and  volume.  Owing  to  the  small  number  of  local  precedents, 
the  Nevada  attorney  is  forced  to  look  to  the  neighboring  states 
for  his  case-law  authorities.  The  Pacific  Reporter,  containing, 
as  it  does,  upwards  of  75  per  cent,  of  all  the  decisions  of  the 
Pacific  states,  and  being  the  only  medium  through  whii^i  a 
large  proportion  of  them  may  be  had,  is  the  natural  selection. 
Write  for  price  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Citizenship— Age — Character. 

The  applicant  for  a  license  to  practice  shall  be  a  citizen  of  the 
state,  of  the  age  of  21  years,  and  of  good  moral  character. 

Term,  of  Study. 

■  He  shall  file  with  the  clerk  of  the  Supreme  Court,  at  least  14 
days  before  the  regular  June  or  December  session,  a  petition 
stating  his  residence,  the  date  and  place  of  his  birth,  the  term 
during  which  he  has  studied  law,  and  the  name  and  residence 
of  the  person  with  whom  he  studied ;  and  he  shall  file  therewith 
certificates  showing  that  he  is  of  good  moral  character  and  that 
he  has  studied  law  as  set  forth  in  the  petition.  Term  of  study 
required  is  three  years,  and  may  be  pursued  in  the  office  of  a 
member  of  the  bar  in  good  standing  or  in  a  reputable  law 
school.  If  the  papers  so  filed  show  that  he  is  entitled  to  be  ex- 
amined, he  will  be  allowed  to  take  the  examination  at  the  next 
meeting  of  the  committee. 

Examination — Regiilations— Scope. 

The  candidate  shall  pass  a  satisfactory  examination  on  the 
various  branches  of  law  before  a  committee  appointed  by  the 
Supreme  Court,  and  shall  average  70  per  cent,  in  the  correct- 
ness of  his  answers  to  have  them  considered  satisfactory,  A 
person  who  fails  in  an  examination  for  admission  to  the  bar  will 
not  be  admitted  to  another  examination  until  the  court,  upon 
special  consideration  of  the  case,  make  an  order  to  that  efifect. 

Admission  of  Attorneys    from    Other   Jurisdictions. 

One  admitted  to  practice  in  the  highest  court  of  another  state 
shall  be  admitted  here,  without  examination,  upon  produc- 
tion of  proof  of  such  admission,  that  he  is  of  good  moral 
character,  that  he  has  practiced  law  in  the  state  of  his  admission 
for  at  least  one  year,  and  that  he  is  a  resident  of  this  state  at  the 

(92) 


RULES    FOR    ADMISSION    TO    THE    BAR,  93 

time  of  application.  Proof  of  admission  in  such  former  state 
will  be  exclusively  by  certificate  from  a  judge  of  the  highest 
court  in  such  state,  under  seal  of  the  court. 

Miscellaneous. 

Examinations  are  held  at  Concord,  beginning  on  the  Thurs- 
day before  the  last  Saturday  of  June  and  the  third  Tuesday  in 
December,  and  applications  must  be  filed  with  clerk  of  Su- 
preme Court  at  least  14  days  before  examination  day. 

Any  person  proposing  to  study  law  with  a  view  to  applying 
for  admission  to  the  bar  shall,  within  14  days  after  commen- 
cing the  study,  file  with  the  clerk  of  the  Supreme  Court  a  certifi- 
cate stating  his  age,  residence,  what  preparatory  education  he 
has  had,  the  name  and  residence  of  person  with  whom  he  is 
studying,  and  the  date  when  he  commenced  the  study;  also  a 
certificate  of  the  person  with  whom  he  is  studying,  stating  the 
fact  and  when  the  study  began. 

Source  of  Rules. 

59  Atl.  vii-viii. 


NEW  HAMPSHIRE  DECISIONS. 

1816  to  1909. 

A  complete  set  of  New  Hampshire  Reports  (down  to  1909) 
consists'  of  74  vols.  All  decisions  subsequent  to  vol.  63  are  re- 
ported in  the  Atlantic  Reporter,  71  vols.  The  set  also  contains 
all  decisions  for  the  last  24  years  of  Connecticut,  Delaware, 
Maine,  Maryland,  New  Jersey,  Pennsylvania,  Rhode  Island, 
and  Vermont,  including  upward  of  2,500  decisions  that  have 
been  omitted  from  the  State  Reports  and  can  only  be  found  in 
the  Reporter.  The  tables  of  cross-citations  furnished  with  the 
Atlantic  make  it  a  simple  matter  to  find  the  cases,  even  if  cited 
by  the  State  Report  page  and  volume.  Write  for  full  par- 
ticulars and  price. 

»  West  Publishing  Co.,  St.  Paul,  Minn. 


Ttcrp  3er5cy. 


Citizensliip— Age— Cliaracter. 

To  procure  a  license  in  this  state,  the  applicant  shall  be  21 
years  of  age  and  of  good  moral  character,  and  recommended  by 
the  Governor  for  a  license. 

General  Education. 

At  least  three  years  before  taking  the  bar  examination  the  ap- 
plicant must  have  passed  his  final  examination  for  graduation 
in  a  college,  university,  public  high  school,  or  private  school 
approved  by  the  board  of  examiners,  or  must  have  passed  an 
equivalent  examination  to  be  held  under  the  supervision  of  the 
bar  examiners. 

Term  of  Study. 

A  regular  clerkship  for  a  term  of  three  years  shall  be  served 
with  some  practicing  attorney  of  the  court  before  entering  upon 
the  examination.  Any  portion  of  the  time,  not  to  exceed  18 
months,  may  be  spent  in  regular  attendance  at  a  reputable  law 
school.  The  applicant  shall  file  with  the  clerk  of  the  Supreme 
Court,  at  the  commencement  of  the  clerkship,  a  certificate  of  tlie 
attorney  that  the  clerkship  has  begun. 

Examination — Regrolations — Scope. 

Applicant  must  file  notice  of  his  intention  to  apply  for  admis- 
sion to  the  bar  with  the  clerk  of  the  circuit  court  of  the  county 
in  which  he  served  his  clerkship,  or  in  which  he  resides,  two 
months  prior  to  taking  the  examination.  He  shall  also  file  with 
the  clerk  of  the  Supreme  Court,  at  least  twenty  days  before  the 
first  day  of  the  term,  proof  of  all  the  qualifications  as  to  age, 
residence,  moral  character,  clerkship,  term  of  study,  etc.,  re- 
quired by  the  rule.    The  times  and  places  of  the  examination, 

(94) 


RULES    FOR    ADMISSION    TO    THE    BAR.  95 

and  the  topics  and  books  on  which  the  appUcants  will  be  ex- 
amined, are  published  by  the  Board  of  Examiners  and  may  be 
obtained  upon  requisition  to  the  Supreme  Court.  The  exam- 
inations are  written  and  oral,  and  are  conducted  by  the  Board 
of  Examiners,  consisting  of  three  counselors  appointed  by  the 
court.  The  prescribed  oath  must  be  taken  before  admission  is 
granted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  admitted  in  another  state,  whose  clerkship  and 
profession  in  that  state,  or  in  this,  or  in  both,  have  been  pur- 
sued for  a  term  of  three  years,  shall  be  eligible  to  examination, 
upon  proof  of  good  moral  character,  provided  that  he  may  take 
the  examination  as  to  general  education  at  any  time  before  tak- 
ing the  bar  examination.  In  case  such  attorney  has  been  ac- 
tively engaged  in  practice  in  such  other  state  for  ten  years,  he 
shall  not  be  required  to  take  the  examination  as  to  preliminary 
education.  Two  months'  notice  must  be  given  of  applicant's 
intention  to  take  the  examination,  same  as  prescribed  for  other 
applicants. 

Miscellaneous. 

No  one  shall  be  admitted  as  a  counselor  until  he  shall  have 
practiced  as  an  attorney  in  the  state  for  three  years  and  given 
proof  in  examination  of  his  legal  ability.  Women  may  be  li- 
censed upon  complying  with  the  prescribed  requirements.  Ex- 
aminations for  attorneys  and  counselors  are  held  on  the  first 
Thursday  of  the  February,  June,  and  November  terms,  at  Tren- 
ton. No  application  is  necessary  to  take  the  counselors'  exam- 
ination, but  20  days'  notice  should  be  given  by  those  intending 
to  take  it. 

Source  of  Rules. 

Gen.  St.  p.  2330,  §  6  ;  Gen.'  St.  p.  2603,  §  396  ;  Rules  Sup.  Ct. 
and  Board  of  Examiners,  in  force  March,  1906. 


98  EDLBS    FOR   ADMISSION    TO    THE    BAR, 

NEW  JERSEY  DECISIONS. 

1790-1909. 

Complete  sets  of  New  Jersey  Reports  (down  to  1909)  con- 
sist of: 

New  Jersey  Law,  74  vols.,  1790-1909. 
New  Jersey  Equity,  71  vols.,  1830-1909. 

The  Atlantic  Reporter,  71  vols.,  contains  all  decisions-  of 
New  Jersey  subsequent  to  47  Law  and  40  Equity.  It  also  con- 
tains all  decisions  for  the  last  24  years  of  Connecticut,  Del- 
aware, Maine,  Maryland,  New  Hampshire,  Pennsylvania, 
Rhode  Island,  and  Vermont.  The  tables  of  cross-citations  fur- 
nished with  the  Atlantic  make  it  a  simple  matter  to  find  the 
cases,  even  if  cited  by  the  State  Report  page  and  volume.  The 
Atlantic  Reporter  includes  upward  of  2,500  decisions  that  have 
not  been  and  will  not  be  published  in  the  State  Reports.  Near- 
ly 1,000  of  the  omitted  decisions  are  from  New  Jersey.  Re- 
garding the  value  of  these  decisions  as  precedents,  we  quote 
from  the  report  of  the  committee  on  reporting  and  digesting 
to  the  American  Bar  Association,  1898 :  "In  New  Jersey  the 
judges  and  reporters  have  excluded  or  omitted  from  the  reports 
667  cases  which  have  been  published  in  the  first  33  vols,  of  the 
Atlantic  Reporter.  *  *  *  Some  of  them  are  decisions  which 
have  proved  to  be  the  controlling  authorities,  and  have  become 
leading  cases  in  some  branch  of  law  or  practice."  In  view  of 
this  statement  from  such  an  impartial  authority,  can  you  afford 
to  practice  without  all  of  these  decisions  ?  Write  for  price  and 
full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


HetP  VTlexko, 


Citizensliip — Age — Character. 

In  applying  for  a  license  in  this  state,  the  petitioner  shall  be 
a  citizen  of  the  United  States,  or  shall  have  declared  his  bona 
fide  intention  of  becoming  such,  and  shall  be  a  resident  of  this 
territory,  21  years  of  age,  and  of  good  moral  character. 

Term  of  Study. 

Before  attempting  the  examination  the  applicant  shall  certify 
to  the  court  in  his  petition  where  and  for  how  long  he  has  stud- 
ied law  and  the  books  he  has  read.  If  a  law  school  graduate, 
the  petition  should  so  state;  if  not,  he  must  offer  the  certifi- 
cates of  reputable  attorneys  that  he  has  pursued  his  study  of 
law  for  a  period  of  two  years. 

Examination — Regulations— Scope — Fee. 

The  applicant  shall  file  with  the  clerk  of  the  Supreme  Court 
a  petition  under  oath,  stating  the  time  and  place  of  his  birth, 
and  his  place  of  residence  during  the  past  five  years,  accom- 
panied by  the  certificate  of  some  reputable  person  vouching  for 
his  character.  It  shall  contain,  too,  a  statement  of  all  the  facts 
material  to  his  preparatory  work.  The  application  shall  be  re- 
ferred to  the  Board  of  Examiners,  consisting  of  five  members 
of  the  bar  of  said  court,  who  shall  in  open  court  examine  the 
applicants,  partly  in  writing  and  partly  by  oral  questions,  upon 
the  subjects  of  Real  and  Personal  Property,  Contracts,  Part- 
nership, Negotiable  Instruments,  Agency,  Principal  and  Sure- 
ty, Executors  and  Administrators,  Bailments,  Corporations, 
Personal  Rights,  Domestic  Relations,  the  Principles  of  Consti- 
tutional Law,  Wills,  Equity  Jurisprudence,  Pleading,  Practice, 
Evidence,  and  Criminal  Law.  An  average  valuation  of  50  per 
7  (97) 


98  RULES    FOR   ADMISSION    TO    THE    BAB, 

cent,  on  all  the  questions  propounded  is  necessary  to  entitle  the 
candidate  to  admission.  A  fee  of  $5  shall  be  paid  the  clerk  is- 
suing the  license. 

Admission  of  Attorneys  from   Other  Jurisdictions. 

Any  person  admitted  in  another  state  shall  offer  evidence  of 
such  admission,  the  length  of  time  he  has  been  engaged  in  ac- 
tive practice,  and  his  standing  in  said  court,  when  applying  for 
admission  in  this  state.  If  such  applicant  has  been  actively  en- 
gaged in  the  practice  of  his  profession  for  three  years  next 
preceding  his  application,  he  shall  be  licensed  here  without  ex- 
amination. 

Miscellaneous. 

Examinations  shall  be  held  on  the  first  day  of  each  regular 
term  of  the  Supreme  Court  and  at  such  other  times  as  the  court 
may  from  time  to  time  designate. 

The  district  courts  shall  have  power  to  issue  to  any  proper 
person  who  purposes  applying  for  admission  a  temporary  li- 
cense, to  expire  on  the  first  day  of  the  term  of  the  Supreme 
Court  next  after  the  issuance  of  such  license. 

Attorneys  who  have  been  admitted  to  practice  while  bona  fide 
residents  of  this  territory  shall  not  be  precluded  from  practicing 
in  any  of  the  courts  of  the  territory  by  reason  of  their  subse- 
quent removal  from  the  territory. 

Sonrce  of  Rules. 

Sup.  Ct  Rules  in  force  November  1,  1903, 


NEW  MEXICO  DECISIONS. 

1853  to  1909. 

A  complete  set  of  New  Mexico  Reports  (down  to  1909)  con- 
sists of  12  vols.  All  decisions  subsequent  to  vol.  3  are  reported 
m  the  Pacific  Reporter,  97  vols.    The  set  also  contains  all  de- 


RULES    FOR    ADMISSION    TO    THE    BAR.  99 

dsions  for  the  last  26  years  of  California,  Colorado,  Idaho, 
Kansas,  Alontana,  Nevada,  Oregon,  Utah,  Washington,  and 
Wyoming,  and  all  of  Arizona  and  Oklahoma.  The  tables  of 
cross-citations  furnished  with  the  Pacific  make  it  a  simple  mat- 
ter to  find  the  cases,  even  if  cited  by  the  State  Report  page  and 
volume.  The  limited  number  of  local  decisions  increases  the 
necessity  of  using  decisions  from  other  states  as  precedents. 
The  Pacific  Reporter,  containing,  as  it  does,  the  decisions  of 
the  neighboring  states,  is  naturally  the  medium  which  furnishes 
the  decisions  desired.  It  is  so  generally  used  and  cited  in  New 
Mexico  that  it  may  be  regarded  as. indispensable.  Write  for 
price  and  complete  information. 

West  Publishino  Co.,  St  Paul,  Minn. 


Heip  JJorlu 


Citizeusliip— Age— Character. 

The  applicant  for  admission  to  practice  shall  prove  to  the 
board  of  examiners  that  he  is  a  citizen  of  the  United  States, 
has  been  an  actual  resident  of  this  state  for  6  months  imme- 
diately preceding  his  application,  and  is  21  years  of  age,  and 
shall  offer  to  the  Supreme  Court  evidence  of  good  moral  char- 
acter, which  last  must  be  shown  by  the  affidavits  of  two  repu- 
table persons  of  the  town  or  city  in  which  he  resides,  one  of 
whom  must  be  a  practicing  attorney  of  the  Supreme  Court. 
He  shall  also  show  that  he  has  not  been  examined  and  refused 
admission  to  practice  within  3  months  immediately  preceding. 

General  Education. 

Those  applicants  who  are  not  graduates  of  colleges  of  good 
standing,  or  attorneys  admitted  in  other  states,  before  entering 
upon  the  clerkship  or  attendance  at  a  law  school  as  prescribed 
below,  shall  undergo  an  examination  under  the  authority  of 
the  State  University  in  English,  three  years ;  Mathematics,  two 
years ;  Latin,  two  years ;  Science,  one  year ;  History,  two  years ; 
or  in  their  substantial  equivalents. 

Term  of  Study. 

The  candidate  shall  prove  to  the  satisfaction  of  the  Board  of 
Examiners,  which  consists  of  three  members  of  the  bar,  that  he 
has  pursued  the  study  of  law  for  three  years,  except  that,  if  the 
student  is  a  graduate  of  any  college  or  university,  the  period  of 
study  may  be  two  years,  and  except,  also,  that  persons  admitted 
in  another  state,  who  have  practiced  in  that  state  for  one  year 
since  their  admission,  shall  be  permitted  to  enter  upon  the  ex- 
amination after  one  year  of  study  in  this  state.  The  period  of 
this  preliminary  study  may  be  spent  in  the  office  of  a  practicing 

(100) 


KULES    FOU    ADMISSION    TO    THE    BAB.  101 

attorney  of  this  state  after  the  age  of  18  has  been  reached,  or 
after  such  age  by  attending  a  law  school  of  sufficient  standing, 
or  partly  under  one  of  these  conditions  and  partly  under  the 
other;  and  the  computation  of  the  time  so  spent  in  the  office  of 
an  attorney  shall  commence  at  the  filing  with  the  clerk  of  the 
court  of  appeals  of  such  attorney's  certificate  announcing  the 
clerkship.  If  the  applicant  be  a  graduate  of  a  college  or  uni- 
versity, he  must  have  pursued  the  prescribed  course  of  study 
after  his  graduation,  and,  if  he  be  a  person  admitted  to  the  bar 
of  another  state  or  country,  he  must  have  pursued  his  prescrib- 
ed period  of  study  after  having  remained  as  a  practicing  attor- 
ney in  such  other  state  or  country  for  one  year. 

Examination— Regulations— Scope— Fee. 

Each  applicant  for  examination  must  file  with  the  secretary 
of  the  board  of  examiners,  at  least  15  days  before  the  exam- 
ination, proof  of  all  the  qualifications  mentioned  in  the  fore- 
going paragraphs.  The  petition  for  examination  must  be  en- 
titled in  the  department  in  which  applicant  resides,  but  he  may 
appear  for  examination  in  any  department,  whether  a  resident 
thereof  or  not,  provided  he  secures  the  permission  of  the  board 
at  least  15  days  before  the  examination.  The  test  may  be  oral 
or  written,  or  partly  oral  and  partly  written,  and  shall  embrace 
questions  on  the  subjects  selected  by  the  board.  An  examina- 
tion fee  of  $10  shall  accompany  each  application,  and  shall  en- 
title the  candidate  to  three  examinations,  and  no  more.  If  the 
board  favors  admission,  it  will  so  signify  to  the  Supreme 
Court;  but,  if  not,  the  rejected  applicant  shall  not  be  allowed 
re-examination  for  three  months. 

Admission  of  Attorneys  from   Other  Jurisdictions. 

An  attorney  who  has  been  admitted  to  practice  in  another 
state,  and  who  has  practiced  therein  for  one  year,  shall  offer, 
by  his  affidavit,  proof  of  such  admission  and  pursuit  of  his  pro- 
fession, and  of  the  prescribed  period  of  study  for  one  year  in 


103  RULES    FOR   ADMISSION    TO    THE    BAR. 

this  State,  and  shall  then  be  permitted  to  undergo  the  examina- 
tion of  the  board.  One  who  has  been  admitted  to  practice  in 
the  highest  court  of  law  in  another  jurisdiction  and  has  prac- 
ticed his  profession  there  for  a  period  of  three  years,  or  who, 
being  an  American  citizen  and  domiciled  in  a  foreign  country, 
has  received  such  diploma  or  degree  therein  as  would  entitle 
him,  if  a  citizen  of  such  foreign  country,  to  p'ractice  law  in  its 
courts,  may,  in  the  discretion  of  the  Appellate  Division  of  the 
Supreme  Court,  be  admitted  here  without  examination,  after 
furnishing  satisfactory  evidence  of  character  and  qualifications. 
An  attorney  residing  in  an  adjoining  state,  upon  compliance 
with  above  rule,  may,  without  change  of  re.sidence,  be  admitted 
upon  proof  that  he  intends  to  maintain  an  office  in  this  state. 

Miscellaneous. 

Examinations  must  be  held  in  each  department  at  least  twice 
in  each  year — between  the  10th  of  June  and  20th  of  July,  and 
at  some  time  in  January.  Information  regarding  the  exact 
times  and  places  may  be  obtained  of  the  Secretary,  Hon.  Frank- 
lin M.  Danaher,  Bensen  Bldg.,  Albany,  N.  Y. 

Race  or  sex  shall  offer  no  bar  to  admission  in  this  state. 

Source  of  Rules. 

Rules  Ct.  App.  adopted  December  20,  1906,  to  take  eflfect 
July  1,  1907 ;  Rules  Board  of  Examiners,  July  1,  1907. 


NEW  YORK  DECISIONS. 

1794  to  1909. 

A  complete  set  of  reports  of  the  courts  of  last  resort  in  New 
York  (down  to  1909)  consists  of: 

New  York  Common  Law,  80  vols.,  1794-1848. 
New  York  Chancery,  32  vols.,  1814-1848. 
New  York  Appeals.  191  vols.,  1847-1909. 


RULES    FOR    ADMISSION    TO    THE    BAR,  103 

The  Northeastern  Reporter,  86  vols.,  contains  all  decisions  of 
the  New  York  Court  of  Appeals  subsequent  to  vol.  98.  It  also 
contains  all  decisions  for  the  last  24  years  of  Illinois,  Indiana, 
Massachusetts,  and  Ohio.  The  tables  of  cross-citations  fur- 
nished with  the  Northeastern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 

There  have  been  and  still  are,  a  number  of  lower  courts  of 
record,  and  of  appellate  jurisdiction,  such  as  the  Supreme 
Court,  Superior  Court,  Court  of  Common  Pleas,  etc.  The  deci- 
sions of  these  courts  have  been  reported  in  part  in  a  heterogene- 
ous mass  of  official  and  unofficial  reports.  These  are  usually 
cited  by  the  names  of  the  Reporters,  and  are  collectively  classed 
as  Supreme,  Practice  and  Code,  Superior,  Common  Pleas,  and 
Criminal  Reports.  The  tabulated  list  is  too  long  to  include 
here,  but  we  will  furnish  a  catalogue  in  which  these  are  set 
forth,  on  request.  In  1888  we  commenced  the  publication  of 
the  New  York  Supplement,  which  now  has  113  vols.  In  this 
set  we  have  reported  in  full,  systematically  and  promptly,  all 
decisions  of  these  inferior  courts  of  record,  including  all  the 
decisions  as  reported  in  some  250  vols,  of  the  official  and  unoffi- 
cial reports  above  referred  to,  and  nearly  7,000  additional  deci- 
sions, which  have  been  either  entirely  omitted  from  the  State 
Reports,  or  reported  only  as  mems.  The  New  York  Supple- 
ment is  supplied  with  tables  which  make  it  a  perfect  and  con- 
venient substitute  for  the  State  Reports. 

We  will  be  pleased  to  quote  prices  and  furnish  full  informa- 
tion regarding  these  Reporters  on  request. 

West  Publishing  Co.,  St  Paul,  Minn. 


HortI?  Carolina. 

Citizensliip — Age — Cliaracter. 

Persons  who  may  apply  for  admission  shall  be  of  full  age 
and  of  good  moral  character. 

Term  of  Stndy. 

Each  applicant  shall  have  read  law  for  a  period  of  two  years, 
and  during  the  course  of  such  study  shall  have  perused  Ewell's 
Essentials  (3  vols.),  Clark  on  Corporations,  Schouler  on  Ex- 
ecutors, Bispham's  Equity,  Clark's  Code  of  Civil  Procedure, 
Revisal  1905  of  North  Carolina  (vol.  1),  the  Constitutions  of 
the  United  States  and  of  the  state  of  North  Carolina,  Creasy's 
English  Constitution,  Sharswood's  Legal  Ethics,  Sheppard's 
Constitutional  Text-Book,  and  Cooley's  Principles  of  Constitu- 
tional Law  (or  their  equivalents). 

Examinatioix — ^Regulations — Scope— Fee. 

Each  applicant  shall  file  with  the  clerk  of  the  Supreme  Court 
a  certificate  of  good  moral  character,  signed  by  two  members 
of  the  bar  of  the  court;  also  a  certificate  of  a  dean  of  a  law 
school,  or  a  member  of  the  bar  of  the  court,  that  applicant  has 
read  law  under  his  instruction  for  two  years  and  has  been 
found  proficient  in  said  course.  The  candidate  shall  undergo  a 
written  test  before  the  justices  of  the  Supreme  Court  upon  the 
various  branches  of  the  law,  and,  if  deemed  sufficiently  capable, 
as  disclosed  by  the  test,  he  shall  take  the  oath  of  office.  A  sum 
of  money  sufficient  to  pay  the  license  fee  shall  be  deposited 
with  the  clerk  before  the  examination,  and  will  be  returned  in 
case  applicant  fails  to  receive  a  license.  The  amount  of  the 
fee  is  $23.50. 

(104) 


RULES    FOR    ADMISSION    TO    THK    BAR.  105 

Admission  of  Attorneys  from   Other  Jurisdictions. 

If  the  applicant  has  obtained  Ucense  to  practice  law  in  an- 
other state,  he  may,  in  lieu  of  the  certificate  of  two  years'  read- 
ing and  proficiency,  file  (with  leave  to  withdraw)  his  law  li- 
cense issued  by  said  state.  Such  applicant  may  oflfer  proof  of 
good  moral  character  by  certificate  signed  by  any  state  officer 
of  the  state  from  which  he  comes.    The  fee  is  $23.50. 

Miscellaneous. 

Examinations  will  be  held  on  the  first  Monday  in  February 
and  the  last  Monday  in  August  of  each  year.  The  Supreme 
Court  has  decided  (55  S.  E.  635)  that  one  who  complies  with 
the  formal  requirements  prescribed  by  the  statute  is  entitled  to 
become  an  applicant  and  to  be  examined,  and,  if  he  shows  him- 
self to  have  competent  knowledge,  it  is  the  duty  of  the  court 
to  license  him  without  investigating  his  general  moral  char- 
acter. 

Source  of  Rules. 

Rules  Sup.  Ct.  (53  S.  E.  v) ;  In  re  Applicants  for  License 
(N.  C.)  55  S.  E.  635. 


NORTH  CAROLINA  DECISIONS. 

1778  to  1909. 

A  complete  set  of  North  Carolina  Reports  (down  to  1909) 
consists  of  147  vols.  All  North  Carolina  decisions  subsequent 
to  vol.  95  are  reported  in  the  Southeastern  Reporter,  63  vols. 
The  set  also  contains  all  decisions  for  the  last  22  years  of 
Georgia,  South  Carolina,  Virginia,  and  West  Virginia.  The 
tables  of  cross-citations  furnished  with  the  Southeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  Write  for  prices  and  full  informa- 
tion. 

West  PuBMsniNG  Co.,  St.  Paul,  Minn. 


HortI?  Dakota. 

Citizenship— Age— Character. 

Every  applicant  for  admission  shall  be  a  resident  of  the  state, 
21  years  of  age,  and  of  good  moral  character. 

Term  of  Study. 

Each  applicant  for  admission  must  have  pursued  a  regular 

« 

course  of  study  of  the  law  for  at  least  two  years,  either  in  the 
office  of  a  member  of  the  bar  engaged  in  active  practice  in  this 
state,  or  in  some  reputable  law  school  in  the  United  States,  or 
partly  in  one  and  partly  in  the  other.  The  above  fact  must  be 
supported  by  the  affidavit  of  the  secretary  or  dean  of  the  law 
school  attended  by  him,  or  of  the  attorney  in  whose  office  he 
studied,  and,  in  the  latter  case,  the  affidavit  shall  state  that  such 
attorney  was,  during  such  period,  regularly  engaged  in  the 
practice  of  law  in  this  state.  In  no  case  will  applicants  be  ad- 
mitted to  examination  unless  it  shall  appear  that  they  have  pur- 
sued a  course  of  study  equivalent  to  that  required  of  candi- 
dates for  graduation  in  the  law  department  of  the  State  Uni- 
versity. It  shall  be  the  duty  of  attorneys  in  this  state  with 
whom  a  clerkship  has  begun  to  file  with  the  clerk  of  the  Su- 
preme Court  a  certificate  stating  the  date  of  the  commencement 
of  such  clerkship,  and  such  period  shall  be  deemed  to  com- 
mence at  the  time  of  such  filing. 

Examination — Regulations — Scope — Fee. 

After  satisfying  the  court  as  to  his  general  qualifications,  by 
a  sworn  statement  filed  with  the  clerk  of  the  Supreme  Court, 
the  candidate  shall  undergo  a  public  examination  as  to  his  legal 
attainments  before  the  court,  or  a  commission  of  not  less  than 
three  members  of  the  bar  appointed  by  the  court.    Such  exam- 


RULES    FOR    ADMISSION    TO    THE    BAR.  107 

ination  shall  be  both  written  and  oral.  A  fee  of  $13  will  accom- 
pany the  application,  of  which  $3  will  be  returned  in  case  the 
applicant  does  not  receive  a  hcense.  Prescribed  oath  will  be 
administered  in  open  court ;  provided  that,  in  the  case  of  grad- 
uates of  the  law  department  of  the  State  University,  the  oath 
may  be  administered  by  the  clerk  in  or  out  of  term  time. 

Admission  of  Attorneys   from   Other  Jurisdictions. 

Any  person  who  has  been  admitted  to  practice  in  another 
state  may  be  admitted  here  on  written  motion  filed  with  the 
clerk  of  the  Supreme  Court  by  a  member  of  the  bar  of  this 
court,  provided  he  has  become  a  resident  of  the  state.  Sucli 
person  shall,  in  the  discretion  of  the  Supreme  Court,  be  exempt 
from  examination  and  proof  of  study,  if  satisfactory  evidence 
is  offered  that  the  other  qualifications  are  sufficient,  and  that 
the  applicant  has  practiced  law  for  three  years  in  the  state  of 
his  admission  and  is  in  good  standing  in  that  state.  A  fee  of 
$3  shall  accompany  the  application. 

Admission  on  Diploma. 

Graduates  from  the  law  department  of  the  State  University 
shall,  upon  presentation  of  diploma  to  the  Supreme  Court  with- 
in two  years  from  date  of  receipt,  be  admitted  witliout  further 
examination  upon  submitting  proof  of  two  full  years  spent  in 
such  law  school,  or  one  year  in  such  law  school  and  one  year 
in  some  other  reputable  law  school,  or  a  like  period  in  an  at- 
torney's office,  and  proof  of  the  general  qualifications  required 
of  other  applicants. 

Miscellaneous. 

Applications  must  be  addressed  to  the  clerk.  Examinations 
are  held  at  Fargo  on  the  first  Tuesday  in  December,  and  at 
Grand  Forks  on  the  first  Tuesday  of  June. 

The  Supreme  Court  has  decided  that  graduates  of  so-called 
"correspondence  schools"  are  not  within  the  meaning  of  the 
statute,  and  in  consequence  are  not  entitled  to  admission. 


108  RULES    FOR    ADMISSION    TO    THE    BAR. 

Souroe  of  Rules. 

Rev.  Codes  1905,  §§   488-499;    Sup.  Ct.   Rules  (74   N.  W. 
xii). 


NORTH  DAKOTA  DECISIONS. 

1867  to  1909. 

A  complete  set  of  reports  for  North  Dakota  (down  to  1909) 
consists  of: 

Dakota  Territorial,  6  vols.,  1867-1889. 
North  Dakota,  16  vols.,  1889-1909. 

All  decisions  of  Dakota  Territory  and  of  North  and  South 
Dakota  are  reported  in  the  Northwestern  Reporter,  119  vols. 
The  set  also  contains  all  decisions  for  the  last  30  years  of  Iowa, 
Michigan,  Minnesota,  Nebraska,  and  Wisconsin,  and  it  sells  at 
less  than  one-fifth  of  the  cost  of  the  corresponding  Reports.  The 
tables  of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  The  limited  number  of  local  author- 
ities, and  the  fact  that  the  decisions  of  Minnesota  and  Wiscon- 
sin are  followed  closely  by  the  Dakotaa,  makes  the  Northwest- 
ern a  necessity  to  the  North  Dakota  lawyer.  Write  for  full  de- 
scription and  price. 

West  Publishing  Co.,  St.  Paul,  Minn. 


(DI?ta 


Citizenship — Age — Character. 

No  person  shall  be  licensed  to  practice  unless  he  is  a  citizen 
of  the  United  States  or  has  declared  his  bona  fide  intention  of 
becoming-  such,  and  unless  he  is  21  years  of  age,  and  until  he 
shall  have  filed  a  certificate  of  some  attorney  that  he  is  of  good 
moral  character.  One  year's  residence  in  the  state  is  also  re- 
quired. 

General  Education. 

A  preliminary  education,  other  than  legal,  equivalent  to  that 
received  in  a  four-year  course  in  a  public  high  school  of  this 
state,  is  necessary  before  undertaking  the  examination,  and  tlie 
certificate  setting  forth  the  evidence  as  to  this  must  be  filed 
with  the  clerk  at  least  10  days  before  the  legal  examination. 
Applicants  who  do  not  present  satisfactory  evidence  of  th.eir 
educational  attainments  will  be  required  to  undergo  examina- 
tion relative  thereto-.  Examinations  for  this  purpose  are  heM 
at  Columbus,  one  on  the  third  Tuesday  of  May  and  one  on  the 
third  Tuesday  in  November.    A  fee  of  -$2  is  required. 

Term  of  Study. 

A  period  of  three  years  of  regular  and  diligent  study  in  the 
office  of  a  practicing  attorney  or  in  a  law  school,  or  partly  in 
an  office  and  partly  in  a  law  school,  shall  be  required  before 
pernnssion  shall  be  granted  to  attempt  the  examination;  and  a 
certificate  showing  the  name,  age,  and  residence  of  the  student 
and  the  date  when  he  commenced  the  study  of  law,  shall  be 
filed  with  the  clerk  of  the  Supreme  Court.  A  fee  of  50  cents 
shall  accompany  the  certificate. 

(109) 


110  RULES    FOK    ADMISSION    TO    THE    BAR. 

Hxamination — Regulations — Scope — Fee. 

The  board  of  examiners,  consisting  of  10  members  of  the 
bar,  shall  conduct  the  examination  and  shall  require  an  aver- 
age of  75  per  cent,  on  the  written  answers  offered  to  the  ques- 
tions selected  on  the  subjects  of  the  law  of  real  and  personal 
property,  torts,  contracts,  evidence,  pleading,  partnership,  bail- 
ments, negotiable  instruments,  agency,  suretyship,  domestic  re- 
lations, wills,  corporations,  equity,  criminal  law,  constitutional 
law,  and  legal  ethics.  A  fee  of  $6  shall  accompany  each  appli- 
cation for  examination,  and  shall  be  returned  to  the  candidate 
if  his  name  is  not  placed  on  the  examination  roll.  If  his  name 
be  placed  on  the  examination  roll,  and  he  fails  to  pass,  he  shall 
not  be  required  to  pay  any  further  sum  upon  a  second  applica- 
tion; but  for  each  subsequent  application  a  fee  of  $6  shall  be 
paid.  In  case  the  applicant  is  rejected,  second  examination 
shall  be  allowed  upon  filing  a  certificate  that  he  has  studied  law 
for  six  months  subsequent  to  the  prior  test.  But  examinations 
are  restricted  to  five  in  number,  and  the  fifth  examination  shall 
be  not  less  than  two  years  after  the  fourth,  and  applicant  must 
furnish  certificate  that  he  has  studied  diligently  during  the  in- 
tervening two  years.  The  applicant  is  thereafter  ineligible. 
If  successful,  the  oath  of  office  shall  be  administered  before 
a  license  is  granted. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

A  person,  resident  of  the  state,  who  has  pursued  the  study  of 
law  for  three  years  under  the  tuition  of  an  attorney,  and  has 
been  admitted  in  a  court  of  record  of  the  United  States,  or, 
having  been  admitted  after  a  shorter  period  of  study,  has  prac- 
ticed for  a  time  sufficient,  when  added  to  his  term  of  prepara- 
tory study,  to  make  up  the  three  years,  may  be  admitted  to  ex- 
amination upon  proof  of  good  moral  character,  provided  that 
one  who  has  been  admitted  in  another  state  after  a  course  of 
study  of  at  least  two  years  shall  be  licensed  in  this  state  with- 
out examination  upon  proof  of  the  preliminary  study,  the  ad- 


RULES    FOR   ADMISSION    TO    THE    BAR.  Ill 

mission  in  such  state,  five  years  of  practice  there,  and  evidence 
of  good  moral  character.  The  candidate  shall,  not  more  than 
60  nor  less  than  30  days  before  the  examination,  file  with  the 
clerk  his  affidavit,  stating  that  he  is  a  resident  of  the  state,  his 
name,  age,  and  former  and  present  residence,  and  his  certificate 
of  admission  to  the  bar,  which,  if  issued  less  than  three  years 
before  such  filing,  must  be  accompanied  by  the  certificate  of  his 
preceptor,  showing  the  extent  and  character  of  his  study,  and 
he  shall  file,  also,  a  certificate  of  the  judge  of  the  court  in  which 
he  practiced,  stating  that  the  candidate  was  of  good  standing 
in  that  court.  A  fee  of  $6  and  a  registry  fee  of  50  cents  shall 
be  deposited  at  the  time  of  filing  this  application. 

Miscellaneous. 

Any  person,  not  yet  admitted  in  any  court  of  record  of  the 
United  States,  who  shall  have  commenced  the  study  of  law 
while  a  nonresident,  on  coming  into  this  state  shall  file  with 
the  clerk  his  affidavit  stating  his  purpose  of  making  this  state 
his  permanent  residence,  his  name,  age,  and  former  and  present 
residence,  and  his  preceptor's  certificate  of  the  place,  com- 
mencement, and  duration  of  the  applicant's  study  of  law,  which 
application  shall  be  accompanied  by  a  fee  of  50  cents.  Exam- 
inations are  held  at  Columbus  on  the  first  Tuesdays  of  June 
and  December.  The  application  and  certificates  as  to  study 
must  be  filed  with  the  clerk  of  court  not  more  than  60  nor  less 
than  30  days  before  the  examination.  Certificates  from  corres- 
pondence schools  of  law  will  not  be  recognized. 

No  person  shall  be  excluded  from  acting  as  attorney  at  law 
and  practicing  in  all  the  courts  of  this  state  on  account  of  sex. 

Source  of  Rnles. 

Bates'  Ann.  St.  (5th  Ed.)  §§  559-562,  565 ;  Sup.  Ct.  Rules. 


112  RULES    FOR    ADMISSION    TO    THE    BAR, 

OHIO  DECISIONS. 

1821  to  1909. 

A  complete  set  of  Ohio  Reports  (down  to  1909)  consists  of: 
Ohio,  20  vols.,  1821-1851. 
Ohio  State,  78  vols.,  1852-1909. 

All  decisions  subsequent  to  vol.  43  Ohio  State,  are  reported 
in  the  Northeastern  Reporter,  86  vols.,  together  with  all  deci- 
sions for  the  last  24  years  of  Illinois,  Indiana,  Massachusetts, 
and  New  York.  These  being  the  states  in  which  the  great  com- 
mercial centers  of  the  country  are  located,  it  naturally  follows 
that  the  Northeastern  is  the  best  set  of  reports  on  commercial 
law  and  kindred  topics  extant.  The  tables  of  cross-citations 
furnished  with  the  Northeastern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 

There  are  also  published  in  Ohio  several  series  of  reports 
and  periodicals,  covering  the  decisions  of  the  various  inferior 
courts. 

We  will  be  pleased  to  furnish  prices  and  full  information  re- 
garding the  Northeastern  on  request. 

West  Publishing  Co.,  St  Paul,  Minn. 


0klal?oma. 


Citizenship — Age— Character. 

It  is  necessary    that  the  applicant  shall  be  a  resident  of  tht 
state  and  citizen  of  the  United  States,  or  shall  have  declared 
his  intention,  21  years  of  age,  and  of  good  moral  character, 
which  last  must  be  certified  to  by  some  reputable  attorney. 
Educational  Qualifications. 

No  one  shall  be  admitted  whose  educational  attainments  are 
not  equivalent  to  those  indicated  by  the  completion  of  the 
course  of  study  in  the  public  high  schools  of  the  state.  The 
examining  board  will  hold  examinations,  for  those  applicants 
who  cannot  comply  with  this  requirement. 

Examination — Regulations — Scope — Fee. 

All  applications,  credentials,  etc.,  for  admission  to  practice, 
must  be  addressed  to  the  clerk  of  the  Supreme  Court,  on  blanks 
furnished  by  said  clerk,  not  less  than  30  days  before  each  semi- 
annual meeting  of  the  Board  of  Examiners.  Applicants  must 
have  studied  law  for  a  period  of  at  least  three  years  previous 
to  making  application,  and  this  must  be  certified  to  by  a  repu- 
table attorney.  Examinations  are  held  orally  and  in  writing, 
and  applicant  shall  sustain  an  average  of  75  per  cent,  on  written 
examinations  embracing  the  following  subjects :  The  Law  of 
Real  and  Personal  Property,  Torts,  Contracts,  Evidence, 
Pleading,  Partnership,  Bailments,  Negotiable  Instruments, 
Agency,  Suretyship,  Domestic  Relations,  Wills.  Corporations, 
Equity,  Criminal  Law,  Constitutional  Law,  and  Legal  Ethics. 
If  the  applicant  fails  in  the  examination,  he  will  be  admitted  to 
the  next  examination,  provided  he  has  studied  law  for  an  addi- 
tional period  of  five  months  :  but  no  applicant  shall  be  admitted 
to  more  than  two  examinations,  except  upon  the  payment  of  an 
additional  fee  of  $6  for  each  subsequent  examination.  An  ex- 
8  (n.Ti 


1 14  RULES   FOR  ADMISSION   TO  THE  BAB. 

amination  fee  of  $12  must  accompany  the  application,  which 
will  be  returned  if  the  applicant  is  not  placed  upon  the  examina- 
tion roll.  If  his  name  is  placed  on  the  roll  and  he  fails  to  re- 
ceive a  certificate  of  qualification,  he  shall  not  be  required  to 
pay  any  further  sum  upon  a  second  application. 

Admission  of  Attorneys  from  Other  States. 

Ex-judges  of  state  or  federal  courts,  or  of  the  District  of 
Columbia,  are  admitted  without  examination.  Attorneys  in 
good  standing  who  have  been  admitted  on  examination  in  the 
highest  court  of  any  state  or  territory,  or  of  the  District  of 
Columbia,  will  also  be  admitted  without  examination,  provided 
they  have  been  engaged  in  the  practice  of  law  for  three  years 
next  preceding  the  application.  Admissions  in  the  cases  pro- 
vided above  will  be  made  at  any  session  of  the  Supreme  Court 
of  the  state  upon  presentation  of  a  certificate  from  the  chair- 
man and  secretary  of  the  Board  of  Examiners. 

Miscellaneous. 

Any  practicing  attorney  m  the  district  courts  of  the  state 
may  be  admitted  on  motion,  and  without  examination.  A  fee 
of  $3  will  be  paid  to  the  clerk  of  the  Supreme  Court,  who  will 
issue  certificate  of  admission  to  such  attorney. 

Examinations  are  held  in  the  city  of  Guthrie  on  the  first 
Tuesdays  in  June  and  December  of  each  year. 

Source  of  Rules. 

Supreme  Court  rules  adopted  Nov.  19,  1907,  and  Acts  of 
March  4  and  16, 1903. 


OKLAHOMA  DECISIONS. 

1890  to  1909. 

A  complete  set  of  Oklahoma  Reports  (down  to  1909)  con- 
sists of  18  vols.  All  Oklahoma  decisions  are  reported  in  the 
Pacific  Reporter,  97  vols.    The  decisions  of  Kansas  are  closely 


RULES  FOR  ADMISSION  TO  THE  BAR.  115 

followed  by  the  Oklahoma  courts,  for  the  reason  that  the  stat- 
utes were  adapted  from  those  of  Kansas.  The  Pacific  Reporter 
contains  all  Kansas  decisions  for  the  last  26  years,  representing 
more  than  75  per  cent,  of  all  the  decisions  of  Kansas.  The  set 
also  contains  all  decisions  for  the  last  23  years  of  California, 
Colorado,  Idaho,  Montana,  Nevada,  New  Mexico,  Utah,  Ore- 
gon, Washington,  and  Wyoming,  and  all  of  Arizona.  The  ta- 
bles of  cross-citations  furnished  with  the  Pacific  make  it  a  sim- 
ple matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.    Write  for  price  and  full  description. 

West  Publishing  Co.,  St  Paul,  Minn. 


0regon. 


CitizensMp — ^Ag&— Character. 

In  applying  for  admission,  the  candidate  must  show  to  the 
Supreme  Court  by  his  affidavit  that  he  is  a  citizen  of  the  Unit- 
ed States  and  of  this  state,  or  a  resident  of  the  state  who  has 
declared  his  bona  fide  intention  of  becoming  a  citizen,  and  21 
years  of  age,  and  by  the  certificate  of  two  practicing  attorneys 
of  good  standing  that  he  is  of  good  moral  character. 

Term  of  Study. 

A  certificate  of  some  reputable  attorney  that  the  applicant 
has  studied  law  for  a  term  of  three  years,  or,  if  a  graduate  of 
a  recognized  college,  for  two  years,  must  be  filed  with  the  ap- 
plication, unless  the  applicant  produces  a  diploma  from  any 
reputable  law  school  or  shows  that  he  is  a  graduate  thereof,  in 
which  case  the  certificate  of  term  of  study  may  be  dispensed 
with. 

Examination — Regnlations — Scope. 

Applications  for  admission  can  only  be  made  to  the  Supreme 
Court,  on  forms  which  may  be  obtained  from  the  clerk.  The 
examination  shall  be  conducted  in  writing,  or  partly  in  writ- 
ing and  partly  orally,  by  the  justices  of  the  Supreme  Court  or 
under  their  direction,  in  open  court,  and  shall  include  queries 
on  the  subjects  of  the  common  law,  the  law  merchant,  the  prin- 
ciples of  equity  jurisprudence,  the  history  and  constitutional 
law  of  England  prior  to  the  Declaration  of  Independence,  the 
history  and  constitutional  law  of  the  United  States,  the  statute 
and  constitutional  law  of  this  state,  and  the  practical  admin- 
istration of  the  law.  A  fee  of  $10  must  accompany  the  appli- 
cation.    If  found  qualified,  the  prescribed  oath  shall  be  taken. 

dim     * 


KULES   FOR   ADMISSION   TO   THE   BAR.  117 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  admitted  in  the  highest  court  of  any  other  state 
or  country  where  the  common  law  prevails,  who  is  otherwise 
qualified,  shall  be  admitted  in  this  state  for  nine  months,  upon 
filing  a  certificate  of  admission  and  a  petition  stating  where  and 
for  how  long  he  has  practiced  since  his  admission  and  his  stand- 
ing in  that  court  and  whether  proceedings  for  disbarment  or 
suspension  have  ever  been  instituted  against  him.  Such  peti- 
tion must  also  be  accompanied  by  a  recommendation  from  the 
presiding  judge  of  the  highest  court  in  which  he  last  practiced 
and  the  certificate  of  two  attorneys  of  this  court  that  they  be- 
lieve him  to  be  a  reputable  attorney  and  a  person  of  good  moral 
character.  A  fee  of  $20  must  be  paid  at  the  time  of  filing  the 
application.  If  no  objection  to  his  admission  is  filed  within  six 
months,  he  may  be  admitted  permanently.  He  need  not  become 
a  resident  of  this  state  if  Oregon  attorneys  are  admitted  in  his 
state  upon  similar  terms. 

Miscellaneous. 

Examinations  are  held  on  the  second  day  of  the  October 
term,  at  Salem,  and  at  such  other  time  at  any  term  as  may  be 
ordered,  on  the  written  application  of  five  or  more  persons  de- 
siring admission. 

Women  shall  be  admitted  by  qualifying  under  the  foregoing 
stipulations. 

Source  of  Rules. 

B.  &  C.  Comp.  §§  1052-1054;  Laws  1907,  p.  426;  Sup.  Ct. 
Rules  Oct.  1,  1907. 


OREGON  DECISIONS. 

1853  to  1909. 


A  complete  set  of  Oregon  Reports  (down  to  1909)  consists 
of  49  vols.    The  Pacific  Reporter,  97  vols.,  contains  all  Oregon 


118  RULKS   KOK   ADMISSION    TO   THIC   BAR, 

decisions  subsequent  to  vol.  10,  and  in  addition  all  decisions  for 
the  last  2G  years  of  California,  Colorado,  Idaho,  Kansas,  Mon- 
tana, Nevada,  New  Mexico,  Utah,  Washington,  and  Wyoming, 
and  all  of  Arizona  and  Oklahoma.  The  tables  of  cross-cita- 
tions furnished  with  the  Pacific  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
The  Pacific  is  so  generally  used  and  cited  throughout  the  Pacif- 
ic Coast  states  that  access  to  the  decisions  therein  reported  is 
most  essential-    Write  for  price  and  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


Pennsybania. 

Applicants  for  Examination  and  Registration  as 
Studknts  at  Law. 

Application — Fee. 

Applications  for  examination  and  registration  as  law  stu- 
dents must  be  filed  with  the  secretary  of  the  Board  of  Examin- 
ers at  least  31  days  before  the  date  of  examination,  and  must 
be  accompanied  by  satisfactory  proof  of  the  good  moral  char- 
acter of  the  applicant,  which  shall  consist  of  a  certificate  to  that 
effect  signed  by  at  least  three  members  of  the  bar  in  good 
standing  in  the  judicial  district  in  which  the  applicant  resides 
or  intends  to  practice.  A  fee  of  $30  must  be  paid  at  or  before 
the  time  of  filing  the  application. 

General  Education — Examination — Registration. 

Applicant  must  pass  a  preliminary  examination  in  English 
language  and  literature,  outlines  of  universal  history,  history 
of  England  and  of  the  United  States,  arithmetic,  algebra 
through  quadratics,  plane  geometry,  modern  geography,  the 
first  four  books  of  Caesar's  Commentaries,  the  first  six  books 
of  the  yEneid,  and  the  first  four  orations  of  Cicero  against 
Catiline.  An  applicant  who  fails  in  more  than  two  subjects  will 
be  given  no  credit  whatever,  but  may  appear  for  re-examination 
at  any  preliminary  examination  held  within  the  succeeding 
year,  without  filing  additional  credentials,  upon  payment  of 
one-half  the  regular  examination  fee.  An  applicant  who  fails 
in  not  more  than  two  subjects  will  be  given  credit  in  the  sub- 
jects in  which  he  passes  and  will  be  permitted  to  appear  for  re- 
examination in  the  subjects  in  which  he  fails  at  the  next  suc- 
ceeding preliminary  examination,  without  filing  additional  cre- 
dentials and  without  the  payment  of  any  examination  fee.    In 

(119) 


120  RULES   FOR   ADMISSION   TO   THE   BAR. 

either  instance,  notice  must  be  given  to  the  secretary  of  the 
board  at  least  21  days  in  advance.  Upon  receiving  a  certificate 
recommending  his  registration,  the  candidate  shall  cause  his 
name,  age,  place  of  residence,  the  name  of  his  preceptor  or  law 
school  in  which  he  proposes  to  pursue  his  studies,  to  be  regis- 
tered with  the  prothonotary  of  the  Supreme  Court  for  the  dis- 
trict to  which  his  county  belongs. 

Applicants  for  Final  Examination  and  Admission  to 
THE  Bar. 

Examination — Term  of  Stndy— Scope— Fee. 

Applicants  must  have  studied  law  at  least  three  years  after 
registration,  either  by  attendance  at  a  law  school  offering  a 
three  years'  course  of  eight  months  per  year,  or  partly  in  a  law 
school  and  partly  in  the  office  of  a  practicing  attorney,  or  by 
service  of  a  regular  clerkship  in  the  ofifice  of  a  practicing  attor- 
ney, and  must  advertise  their  intention  to  apply  for  admission  in 
a  newspaper  published  in  the  county  seat  of  the  county  in  which 
the  applicants  reside,  and  in  the  Legal  Intelligencer,  once  a 
week  for  four  weeks  immediately  preceding  the  filing  of  his 
application.  His  application  must  be  filed  21  days  before  the 
examination,  and  be  accompanied  by  a  certificate,  signed  by  at 
least  three  members  of  the  bar  residing  in  applicant's  judicial 
district,  as  to  his  moral  character,  and  also  a  certificate  from 
the  dean  of  the  law  school  or  precepior  that  he  has  been  in  reg- 
ular attendance  and  pursued  the  study  of  law  with  diligence. 
The  examination  is  in  writing,  and  embraces  the  subjects  of 
Blackstone's  Commentaries,  Constitutional  Law,  including  the 
Constitutions  of  the  United  States  and  Pennsylvania,  Equity, 
Real  and  Personal  Property,  Evidence,  Decedents'  Estates. 
Landlord  and  Tenant,  Contracts,  Partnership,  Corporations, 
Crimes,  Torts,  Domestic  Relations,  Common-Law  Pleading  and 
Practice,  Pennsylvania  Practice,  Federal  Statutes  relating  to  the 
Judiciarv   and   Bankruptcv,   Pennsylvania   Statutes   and  Deci- 


RULES    FOR    ADMISSION    TO    THE    BAR.  121 

sions,  and  the  Rules  of  Court  A  fee  of  $25  must  be  paid  to 
the  board  at  or  before  the  time  of  filing  the  application.  If  the 
applicant  fails  to  pass,  he  may  appear  for  re-examination  at 
any  final  examination  held  within  the  succeeding  year,  without 
filing  additional  credentials,  upon  payment  of  one-half  the  reg- 
ular examination  fee.  Notice  must  be  filed  with  the  secretary 
of  the  board  at  least  21  days  in  advance. 

Admission  of  Attorneys  from   Other   Jurisdictions. 

Attorneys  in  good  standing  who  have  been  admitted  to  the 
court  of  last  resort  of  another  state,  who  have  practiced  therein 
for  at  least  five  years,  and  who  can  furnish  evidence  of  good 
moral  character,  may  be  admitted  without  examination  upon  the 
recommendation  of  the  state  board  of  examiners.  Attorneys 
in  good  standing  from  other  states  who  have  practiced  at  least 
one  year  may  be  admitted  in  Pennsylvania  upon  taking  the  final 
examination  only.  Attorneys  who  are  members  in  good  stand- 
ing of  a  court  of  record  of  another  state,  but  who  have  not 
practiced  at  said  bar,  may  be  admitted  to  final  examination, 
without  previous  registration  in  Pennsylvania,  providing  they 
shall  have  served  a  regular  clerkship  in  the  office  of  a  practic- 
ing attorney  in  this  state  for  a  period  of  at  least  one  year. 

Miscellaneons. 

Examinations,  both  preliminary  and  final,  are  held  durmg 
July  and  December,  in  the  cities  of  Philadelphia,  Harrisburg, 
Pittsburg,  Williamsport,  and  Wilkesbarre,  and  petitions  to  take 
the  examination  must  be  filed  with  the  board.  A  pamphlet  con- 
taining fuller  information  can  be  obtained  from  the  Board  of 
Examiners,  of  which  the  secretary  is  Charles  L.  McKeehan, 
321  Chestnut  St.,  Philadelphia.  Pa.  These  rules  apply  solely  to 
admissions  in  the  Supreme  Court. 

Source  of  Rules. 

Rules  Sup.  Ct.,  in  effect  January  5,  1903. 


122  RULES  FOR  ADMISSION  TO  THE  BAR. 

PENNSYLVANIA  DECISIONS. 

1754  to  1909. 
A  complete  set  of  the  reports  of  the  Pennsylvania  court  of 
last  resort  (down  to  1909)  consists  of. 

Pennsylvania  Supreme  Court  Reports,  1751-1845. 
Dallas,  4  vols. 
Addison,  1  vol. 
Yeates,  4  vols.  k 

Binney,  G  vols. 
Sergeant  &  Rawie,  17  vols. 
Rawle,  5  vols. 
Penrose  &  Watts,  3  vols. 
Watts,  10  vols! 
Wharton,  6  vols. 
Watts  &  Sergeant,  9  vols. 
Pennsylvania  State  Reports,  220  vols.,  1844-1909. 
All  decisions  subsequent  to  vol.  109  Pennsylvania,  are  report- 
ed in  the  Atlantic  Reporter,  71  vols.     In  fact,  this  is  the  only 
medium  for  obtaining  all  the  decisions.    Upward  of  1,500  cases 
have  been  omitted  from  the  Pennsylvania  State  Reports,  and 
these  are  all  reported  in  full  in  the  Atlantic  Reporter.    The  At- 
lantic also  contains  all  decisions  for  the  last  24  years  of  Con- 
necticut, Delaware,  Maine,  Maryland,  New  Hampshire,  New 
Jersey,  Rhode  Island,  and  Vermont.    The  tables  of  cross-cita- 
tions furnished  with  the  Atlantic  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume. 

There  are  many  side  reports,  periodicals,  etc.,  covering  the 
decisions  of  the  inferior  courts  of  Pennsylvania.  The  list  is 
too  long  to  include  here,  but  we  will  furnish  a  catalogue  in 
which  these  are  set  forth  on  request.  We  will  be  pleased  to 
quote  prices  and  furnish  full  information  regarding  the  Atlan- 
tic Reporter  on  request. 

West  Publishing  Co..  St.  Paul,  Minn. 


Citizenship — Age — Character. 

Any  resident  of  the  Philippine  Islands,  not  a  subject  or  citi- 
zen of  any  foreign  government,  of  the  age  of  23  years  and  of 
good  moral  character,  may  apply  for  admission  to  the  bar  in 
these  Islands. 

General  Education. 

Every  applicant  shall  offer  evidence,  by  certificate  filed  with 
the  clerk  of  the  Supreme  Court,  that  before  beginning  the  study 
of  law  he  had  completed  the  course  of  studies  formerly  re- 
quired by  Spanish  legislation  for  the  degree  of  Bachelor  of 
Arts,  or  a  course  of  studies  equivalent  thereto  or  to  those  now 
found  in  the  curriculum  of  the  Government  Normal  School: 
Provided,  that  the  court  will  not  accept  a  certificate  or  diploma 
as  proof  that  applicant  has  completed  an  equivalent  course  of 
study,  unless  accompanied  by  a  certificate  from  the  Secretary  of 
Public  Instruction,  showing  that  the  courses  of  study  in  the 
college  or  institute  of  learning  issuing  such  diploma  are  equiva- 
lent at  least  to  the  studies  required  by  this  paragraph. 

Period  of  Study. 

Applicants,  other  than  those  who  have  been  admitted  in  any 
court  of  last  resort  in  the  United  States,  or  in  the  courts  of  the 
Philippine  Islands  or  of  Spain  or  any  of  its  dependencies  dur- 
ing the  period  of  Spanish  sovereignty  shall  prove  that  they 
have  regularly  and  diligently  studied  law  for  three  years  in  a 
law  school  or  university,  or  in  the  ofifice  of  a  practicing  attor- 
ney, or  in  a  court  of  record.  The  affidavit  of  the  candidate,  ac- 
companied by  a  certificate  from  the  law  school,  attorney,  or 
clerk  of  court  under  whose  tuition  said  studies  were  pursued, 
shall  be  filed  as  proof. 

(123) 


IL'4  RULES   FOU   AUMISSION   TO   TlIK   BAR. 

Examination — Regulations — Scope — Fee. 

A  committee  of  three  practicing  lawyers  is  appointed  by  the 
Supreme  Court  to  conduct  the  examinations.  Such  examina- 
tions shall  be  in  writing,  and  shall  be  divided  into  three  parts. 
The  first  shall  consist  of  questions  upon  Civil  Law,  Civil  Pro- 
cedure, and  Mercantile  Law.  The  second  shall  be  upon  Crimi- 
nal Procedure  and  Private  and  Public  International  Law.  The 
third  shall  consist  exclusively  of  drawing  judgments,  orders, 
complaints,  answers,  and  briefs  for  defense  and  prosecution. 
The  questions  for  the  first  two  exercises  shall  be  the  same  for 
all  applicants.  Applicant  may  be  provided  with  an  English 
translation  of  the  questions  and  may  write  out  his  answers  in 
English,  which  shall  be  subsequently  translated  into  Spanish 
by  the  official  translator.  The  time  between  each  of  the  three 
exercises  shall  not  exceed  six  days.  No  person  who  has  not 
successfully  passed  an  exercise  shall  be  permitted  to  be  examin- 
ed in  subsequent  exercises.  Applicants  may  be  examined  oral- 
ly, if  the  committee  deems  it  necessary.  A  grade  of  75  per 
cent,  in  each  one  of  the  three  exercises  shall  be  required  in 
order  to  successfully  pass  the  examination.  No  applicant  shall 
be  examined  more  than  three  times.  Applicants  who  have  fail- 
ed in  the  first,  second,  or  third  exercises  may  be  re-examined 
within  five  months  after  the  last  exercise  upon  which  they  may 
have  failed.  The  fee  is  30  pesos,  Philippine  currency,  and  must 
be  paid  to  the  clerk  of  the  Supreme  Court  at  the  time  of  filing 
the  application.  Said  fee  will  be  returned  in  case  applicant  is 
not  admitted  to  the  examination.  The  successful  candidate 
shall  be  admitted  in  open  court  on  motion  of  the  committee,  on 
the  day  following  the  announcement  of  the  result.  No  addi- 
tional fee  is  required  upon  being  admitted  to  practice. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  admitted  in  the  Supreme  Court  of 
the  United  States  or  in  any  United  States  Circuit  Court  of  Ap- 


RULES   FOB   ADMISSION   TO   THE   BAB,  125 

peal,  Circuit  or  District  Court,  or  in  the  highest  court  of  any 
state  or  territory  in  the  United  States  will  be  required  to  pass 
an  examination  based  upon  the  Civil  Code,  Penal  Code'  and  the 
Code  of  Commerce  in  force  in  these  Islands.  Such  attorney 
shall  exhibit  license  evidencing  the  fact  of  his  admission,  to- 
gether with  evidence  that  he  is  in  good  standing  in  such  foreign 
state  or  territory.  In  case  any  such  candidate  shall  fail  to  pass 
the  examination,  he  may  be  re-examined  within  five  months 
after  the  date  of  such  failure.  The  usual  fee  is  required,  and 
will  be  returned  in  case  applicant  fails  to  pass  the  examination. 

Miscellaneous. 

Applicants  who  have  been  admitted  in  the  courts  of  the  Phil- 
ippine Islands  or  in  the  courts  of  Spain  or  any  of  its  dependen- 
cies during  the  period  of  Spanish  sovereignty,  and  who  possess 
the  qualifications  required  by  section  14,  Code  of  Civil  Proce- 
dure, will  be  required  to  pass  an  examination  based  upon  the 
Codes  of  Civil  and  Criminal  Procedure  now  in  force,  and  upon 
such  other  Codes  as  may  hereafter  be  enacted  by  legislative 
authority.  Such  persons  shall  exhibit  license  as  evidence  of 
their  former  admission,  together  with  evidence  of  good  stand- 
ing. In  case  any  such  candidate  shall  fail  to  pass  the  examina- 
tion, he  may  be  re-examined  within  five  months  after  the  date 
of  such  failure.  The  usual  fee  is  required,  and  will  be  returned 
in  case  applicant  fails  to  pass. 

All  persons  who  commence  the  study  of  law  in  these  Islands 
shall  register  their  names  in  the  olBce  of  the  clerk  of  court  of 
the  province  in  which  they  may  pursue  their  studies  or  in  the 
office  of  the  clerk  of  the  Supreme  Court  at  Manila  in  case  they 
shall  study  in  that  city,  and  file  a  certificate  showing  that  they 
are  engaged  in  such  study.  This  certificate  must  be  filed  some 
time  during  June  of  each  year. 

Examinations  are  held  at  Manila  on  the  third  Mondays  in 
March  and   September.     Applications  must  be  filed  with  the 


126  EULES   FOU  ADMISSION  TO   THE   BAB. 

clerk  of  the  Supreme  Court  at  least  15  days  before  the  exam- 
ination, and  must  be  accompanied  by  evidence  of  good  moral 
character. 

Source  ot  Rules. 

Rules  Sup.  Ct.  in  force  1907  (vol.  7  Philippine  Reports,  p. 
xv);  Act  No.  190  of  Philippine  Commission,  1900. 


PHILIPPINE  ISLAND  DECISIONS. 

1898  to  1909. 

A  complete  set  of  Philippine  Reports  (down  to  1909)  con- 
sists of  8  vols. 

.    West  Publishing  Co.,  St.  Paul,  Minn. 


Porto  2vico. 


Citizenship — Age — Character. 

The  rules  for  admission  to  the  bar  of  this  territory  provide 
that  the  apphcant  shall  t>e  a  citizen  of  the  United  States  or 
Porto  Rico,  21  years  of  age,  and  of  good  moral  character, 
which  last  shall  be  certified  to  by  two  lawyers  in  good  standing 
before  the  Supreme  Court. 

Examination — Regulations — Scope. 

Examinations  are  conducted  by  a  Board  of  Examiners,  un- 
der the  direction  of  the  Supreme  Court.  Applicants,  other  than 
those  who  have  obtained  a  diploma  from  any  accredited  law 
school  of  the  United  States,  shall  submit  to  a  written  examina- 
tion on  the  following  subjects :  Civil  Code,  Notarial  Law,  In- 
ternational Law,  the  Constitution  of  the  United  States,  the 
Code  of  Commerce,  the  Political  Code,  the  Principles  of  the 
Law  of  Public  and  Private  Corporations,  the  lllortgage  Law, 
the  Law  of  Evidence,  the  Penal  Code,  the  Code  of  Criminal 
Procedure,  the  Code  of  Civil  Procedure,  the  Law  of  Special 
Proceedings,  and  a  general  outline  of  the  history  of  legislation 
in  Porto  Rico.  An  average  grade  of  75  per  cent,  is  required 
in  order  to  be  entitled  to  admission. 

Any  person  who  has  obtained  a  diploma  from  any  accredited 
law  school  of  the  United  States  may  be  admitted  to  practice 
upon  presentation  of  such  diploma  to  the  Supreme  Court,  and 
upon  passing  a  general  examination  on  the  following  subjects 
of  local  law:  The  Civil  Code,  the  Code  of  Commerce,  the 
Mortgage  Law,  the  Notarial  Law,  the  Political  Code,  the  Penal 
Code,  Civil  and  Criminal  Procedure  in  general,  the  Special 
Civil  Procedure,  and  a  general  outline  of  Porto  Rican  legisla- 
tion. 

(127) 


128  RULES   FOR   ADMISSION    TO   THE   BAR. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  who  has  been  admitted  in  the  Supreme  Court  of 
any  state  or  territory  of  the  United  States,  or  in  the  District 
Court  of  the  United  States  for  Porto  Rico,  and  has  been  active- 
ly engaged  in  practice  for  two  years  or  more,  including  at  least 
one  year's  practice  in  the  District  Court  of  the  United  States 
for  Porto  Rico,  may  be  admitted  in  the  Supreme  Court  without 
examination,  upon  producing  satisfactory  evidence  of  such 
former  admission  and  period  of  practice. 

Source  of  Knles. 

Act  March  8,  1906,  in  effect  Jan.  31,  1907. 


PORTO  RICO  DECISIONS. 

1905  to  1909. 
The  decisions  of  the  United  States  District  Court  at  Porto 
Rico  are  published  in  a  series  known  as  the  "Porto  Rico  Fed- 
eral Reports,"  of  which  two  volumes  have  been  issued,  down 
to  1909.  The  decisions  of  the  Supreme  Court  of  Porto  Rico 
are  published  in  Spanish,  in  a  series  known  as  the  "Porto  Rico 
Supreme  Court  Reports,"  of  which  three  volumes  are  now  pub- 
lished. 

West  PTrBLiSHiiVG  Co.,  St.  Paul.  Minn. 


^hob<i  3slanb. 

Citizenship— Age — Character. 

A  person  seeking  admission  to  the  bar  in  this  state  shall  file 
with  the  clerk  of  the  Supreme  Court  a  petition,  in  which  he 
shall  state  that  he  is  a  citizen  of  the  United  States,  or  has  de- 
clared his  intention  of  becoming  such,  a  resident  of  this  state, 
and  21  years  of  age,  and  that  he  intends,  if  admitted,  to  practice 
law  in  this  state.  He  shall  also  file  a  certificate  of  an  attorney 
of  this  court  that  the  petitioner  is  of  good  moral  character. 

General  Education. 

Before  commencing  the  study  of  law  the  candidate  shall  have 
received  a  preliminary  education  equivalent  to  that  received  in 
a  high  school  in  one  of  the  cities  of  the  state. 

Term  of  Study. 

If  the  candidate  has  received  a  classical  education,  his  peti- 
tion shall  set  forth  that  he  has  studied  law  two  years  in  the  of- 
fice of  a  practicing  attorney,  or  for  two  years  in  some  law 
school  and  attorney's  office,  provided  that  six  months  of  such 
time  shall  be  spent  in  such  office  in  this  state ;  but  a  period  of 
three  years  shall  have  been  served  if  he  shall  not  have  attained 
to  that  degree  of  education. 

Examination— Regulations — Scope — Fee. 

The  petition  for  admission  shall  be  referred  to  the  Board  of 
Examiners,  consisting  of  five  members  of  the  bar  appointed  by 
the  court,  which  board  shall  satisfy  themselves  that  the  appli- 
cant is  capable  of  properly  advising  his  clients  and  conducting 
their  causes,  and  is  sufficiently  versed  in  the  law,  as  disclosed 
by  a  test  upon  the  subjects  of  Contracts,  Torts,  Criminal  Law, 
Pleading,  Real  Property,  Sales,  Agency,  Bills  and  Notes,  Evi- 
9  (120) 


130  RULES   FOR  ADMISSION   TO   THE   BAR. 

dence,  Equity  Jurisprudence  and  Pleading,  Corporations  (Pub- 
lic and  Private),  Damages,  Probate  Law  and  Practice,  Domes- 
tic Relations,  Partnership,  Trusts,  Carriers,  Constitutional  Law, 
and  Bankruptcy,  besides  the  general  principles  of  the  common 
law,  the  statute  law  of  the  state,  and  the  principles  of  the  Con- 
stitutions of  the  state  and  United  States.  The  petitioner  shall 
pay  to  the  clerk  at  the  filing  of  the  first  application  a  fee  of  $10, 
and  a  fee  of  $5  for  each  subsequent  application.  If  the  can- 
didate is  successful,  the  oath  of  office  shall  be  administered. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

One  admitted  in  another  state,  who  has  practiced  therein  for 
three  years,  shall  be  eligible  to  the  examination  after  six 
months  of  study  in  an  attorney's  office  in  this  state ;  but  one  so 
admitted  in  another  state,  who  has  practiced  for  ten  years,  may 
dispense  with  the  course  of  study  in  such  office.  In  either  case 
he  must  produce  his  license  to  practice  in  such  otlier  state,  or 
the  certificate  of  the  clerk  of  the  highest  court  in  such  state; 
also  a  certificate  of  good  moral  character  from  the  Chief  Jus- 
tice of  such  court. 

Miscellaneous. 

A  student,  upon  entering  the  office  of  an  attorney  in  this 
state  for  study,  shall  file  with  the  clerk  of  the  court  such  attor- 
ney's certificate,  stating  that  the  term  of  clerkship  has  com- 
menced, and  the  time  of  such  period  shall  begin  with  the  filing 
of  the  notice.  Examinations  will  be  held  at  Providence  during 
September  of  each  year,  and  at  such  other  times  as  may  appear 
necessary.  Such  examinations  will  cover  the  period  of  one 
day. 

iSource  of  Rules. 

Court  and  Practice  Act  1905,  §  2.  Rules  Sup.  Ct.  and  Board 
of  Examiners  1905. 


EULES   FOR  ADMISSION  TO  THE  BAR,  131 

RHODE  ISLAND  DECISIONS. 

1828  to  1909. 

A  complete  set  of  Rhode  Island  Reports  (down  to  1909)  con- 
sists of  28  vols.  All  Rhode  Island  decisions  subsequent  to  vol. 
14  are  reported  in  the  Atlantic  Reporter,  71  vols.  The  set  also 
contains  all  decisions  for  the  last  24  years  of  Connecticut,  Del- 
aware, Maine,  Maryland,  New  Hampshire,  New  Jersey,  Penn- 
sylvania, and  Vermont,  including  upward  of  2,500  decisions — 
a  number  of  which  are  from  Rhode  Island — which  have  been 
omitted  from  the  State  Reports,  a^jd  can  only  be  found  in  the 
Atlantic.  The  tables  of  cross-citations  furnished  with  the  At- 
lantic make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  limited  number  of  lo- 
cal precedents  makes  reference  to  the  decisions  of  the  neighbor- 
ing states  a  frequent  necessity,  and  the  decisions  reported  in  the 
Atlantic  carry  weight  in  Rhode  Island.     Write  for  price  and 

full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


SoutI?  Carolina. 

Citizenship— Age — Character. 

The  statutes  of  this  state  require  that  an  applicant  for  ad- 
mission shall  be  a  citizen  of  the  state,  21  years  of  age,  and  ol 
good  moral  character. 

Examination — Regulations — Scope — Fee. 

The  examination  of  the  candidate's  legal  attainments,  con- 
sisting of  questions  on  Blackstone's  Commentaries,  Kent's 
Commentaries,  Parsons  or  Chitty  on  Contracts,  Daniel  on  Ne- 
gotiable Instruments  or  Chitty  on  Bills,  Williams  on  Executors, 
Pomeroy  on  Remedies,  Greenleaf  on  Evidence,  Story's  Equity 
Jurisprudence  or  Adams'  Equity,  DanieU's  Chancery  Pleading 
and  Practice,  Bishop  on  Criminal  Law,  Bishop  on  Criminal 
Procedure,  Constitution  of  the  United  States,  the  Constitution, 
General  Statutes,  and  Acts  of  South  Carolina,  and  the  rules  of 
the  Supreme,  Circuit,  and  Probate  Courts,  shall  be  in  writing, 
conducted  by  the  justices  of  the  Supreme  Court,  and  passed 
upon  by  them.  The  candidate  shall  pay  in  advance  a  fee  of  $5 
to  defray  expenses.  If  the  test  is  favorably  passed,  the  can- 
didate shall  take  the  prescribed  oath  of  office  and  the  oath  re- 
specting dueling  and  be  licensed. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  of  good  moral  character,  who  has  been  admitted 
to  a  court  of  record  in  the  United  States,  shall  be  admitted  to 
the  courts  of  like  grade  in  this  state,  upon  motion,  on  taking 
the  prescribed  oaths. 

Admission  on  Diploma. 

A  graduate  of  the  Law  School  of  the  State  University,  of 
good  moral  character,  shall  be  admitted  upon  taking  the  pre- 
scribed oaths. 

(132) 


RULES   FOR    ADMISSION   TO   THE    BAR.  133 

Miscellaneous. 

Examinations  are  held  at  such  times  as  the  court  may  direct 
AppHcations  must  be  filed  on  or  before  the  second  Tuesday  of 
the  term. 

Source  of  Rules. 

Rev.  St.  1893,  §§  2288-2290 ;  Sup.  Ct.  Rules. 


SOUTH  CAROLINA  DECISIONS. 

1783  to  1909. 

A  complete  set  of  South  Carolina  Reports  (down  to  1909) 
consists  of : 

Law  Reports,  1783-1868. 
Bay,  2  vols. 
Brevard,  3  vols. 
Mills,  2  vols. 
Nott  &  McCord,  2  vols. 
McCord,  4  vols. 
Harper,  1  vol. 
Bailey,  2  vols. 
Hill,  3  vols. 
Riley,  1  vol. 
Dudley,  1  vol. 
Rice,  1  vol. 
Cheves,  1  vol. 
McMullan,  2  vols. 
Speer,  2  vols. 
Strobhart,  5  vols. 
Richardson,  15  vols. 
Chancery  Reports,  1784-1868. 
Desaussure,  4  vols. 
Harper,  1  vol. 
McCord,  2  vols. 
Bailey,  1  vol. 


134  RULES   FOR  ADMISSION  TO  THE  BAB, 

Richardson's  Equity  Cases,  1  voU 
Hill,  2  vols. 
Riley,  1  vol. 
Dudley,  1  voL 
Rice,  1  vol. 
Cheves,  1  vol. 
McMullan,  1  vol. 
Speer,  1  vol. 
Strobhart,  4  vols. 
Richardson,  14  vols. 
South  Carolina,  New  Series,  80  vols.,  1868-1909. 

All  decisions  subsequent  to  South  Carolina,  New  Series,  vol. 
25,  are  reported  in  the  Southeastern  Reporter,  63  vols.  The  set 
also  contains  all  decisions  for  the  last  22  years  of  Georgia, 
North  Carolina,  Virginia,  and  West  Virginia.  The  tables  of 
cross-citations  furnished  with  the  Southeastern  make  it  a  sim- 
ple matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  set  costs  about  one-fourth  the  price  of 
the  corresponding  State  Reports.  In  fact,  the  subscriber  for 
the  South  Carolina  Reports  covered  by  the  Southeastern  has 
paid  considerably  more  than  it  would  have  cost  him  to  take  the 
Southeastern  and  get,  in  addition  to  his  own,  all  the  decisions 
of  the  four  neighboring  states.  Write  for  price  and  full  in- 
formation. 

West  Publishing  Co.,  St.  Paul,  Minn. 


-S. 


Soiitl}  T)a\iota, 

Citizenship— Age — Character. 

Each  candidate  shall  prove  to  the  satisfaction  of  the  court 
that  he  is  a  residelit  of  the  state,  21  years  of  age,  and  of  good 
moral  character;  the  last  to  be  proved  by  the  certificate  of  a 
court  of  record,  or  of  two  reputable  members  of  the  bar  in  tliis 
or  another  state. 

Preliminary  Education — Term  of   Study. 

Applicant's  general  education  must  be  substantially  equiva- 
lent to  that  involved  in  the  completion  of  a  high  school  course 
of  study  at  least  three  years  in  extent.  He  must  also  have  ac- 
tually and  in  good  faith  pursued  a  regular  course  of  study  of  the 
law  for  at  least  three  full  years,  either  in  the  office  of  an  attor- 
ney in  this  state  or  other  state,  or  of  a  judge  of  a  court  of  rec- 
ord, or  in  some  reputable  law  school  in  the  United  States,  or 
partly  in  such  office  and  partly  in  such  law  school.  Every  resi- 
dent of  the  state,  upon  commencing  the  term  of  study  requir- 
ed by  these  rules,  either  in  the  office  of  an  attorney  or  in  some 
reputable  law  school  in  this  state  or  elsewhere,  shall  file  with 
the  clerk  of  the  Supreme  Court  a  certificate  of  such  attorney  or 
the  chief  of  such  law  school,  as  the  case  may  be,  showing  his 
name,  age,  and  residence,  and  the  date  when  he  commenced  the 
study  of  law,  which  certificate  shall  be  accompanied  by  a  fee 
of  50  cents. 

Examination — Regulation — Scope — Fee. 

All  applicants,  except  graduates  of  the  College  of  Law  of  the 
State  University  entitled  to  admission  to  practice  as  by  law 
provided,  shall  be  examined  in  open  court,  before  the  justices 
of  the  Supreme  Court  or  a  commission  of  not  less  than  five 

(135) 


136  RULES   FOR  ADMISSION   TO   THE  BAR, 

members  of  the  bar.  An  average  of  75  per  cent,  is  required,  on 
an  examination  embracing  the  following  subjects:  Evidence, 
Law  of  Real  and  Personal  Property,  Torts,  Contracts,  Plead- 
ing, Partnership,  Bailments,  Negotiable  Instruments,  Agency, 
Suretyship,  Domestic  Relations,  Wills,  Corporations,  Equity, 
Criminal  Law,  Constitutional  Law,  the  Code  of  Civil  Proce- 
dure, and  Legal  Ethics.  If  the  candidate  shalfpass  the  examin- 
ation satisfactorily,  he  shall  be  admitted  upon  taking  the  re- 
quired oath. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  becoming  a  resident  of  this  state  after  having 
been  admitted  by  the  highest  court  in  another  jurisdiction,  and 
who  has  practiced  regularly  therein  for  not  less  than  five  years, 
may,  in  the  discretion  of  the  court,  be  admitted,  without  exam- 
ination or  proof  of  period  of  study,  upon  presenting  a  certifi- 
cate of  admission  to  practice  in  such  state  or  district. 

Admission  on  Diploma. 

All  law  students  who  have  completed  the  course  prescribed 
by  the  College  of  Law  of  the  State  University,  or  the  equiva- 
lent of  such  course,  including  the  subjects  prescribed  by  law 
for  admission  to  the  bar  in  this  state,  and  have  graduated 
therein  and  been  admitted  by  the  State  University  to  the  de- 
gree of  Bachelor  of  Laws,  shall  be  deemed  to  have  the  learning 
requisite  to  entitle  them  to  practice  in  any  of  the  courts  of  the 
state,  and  shall  be  admitted  to  practice  without  examination,  on 
proof  of  the  admission  to  such  degree  and  that  applicant  is  at 
least  21  years  of  age  and  of  good  moral  character. 

Miscellaneous. 

Examinations  are  held  in  the  Supreme  Court  room  in  the  city 
of  Pierre  on  the  first  day  of  each  regular  term  of  court,  being 
the  first  Tuesdays  of  April  and  October.  Applications,  to- 
gether with  credentials,  should  be  sent  to  the  clerk  of  the  Su- 
preme Court.  Pierre.  S.  D.     There  are  no  blank  forms  of  ad- 


RULES  FOR  ADMISSION   TO  THE   BAR.  137 

mission.    A  fee  of  $5  should  accompany  the  application,  to  be 
returned  if  the  application  is  denied. 
Sex  shall  constitute  no  bar  to  admission  in  this  state. 

Source  of  Rules. 

Sup.  Ct.  Rules ;  Laws  1903,  cc.  77,  78 ;  Laws  1905,  c  66 ; 
Comp.  Laws  1908,  §§  685-688. 


SOUTH  DAKOTA  DECISIONS. 

1867  to  1909. 

A  complete  set  of  Reports  for  South  Dakota  (down  to  1909) 
consists  of : 

Dakota  Territorial,  6  vols.,  1867-1889. 
South  Dakota,  20  vols.,  1889-1909. 

All  Dakota  decisions,  territorial  and  of  both  states,  are  re- 
ported in  the  Northwestern  Reporter,  119  vols.  The  set  also 
contains  all  decisions  for  the  last  30  years  of  Iowa,  Michigan, 
Minnesota,  Nebraska,  and  Wisconsin,  and  sells  for  less  than 
one-fifth  of  the  cost  of  the  corresponding  State  Reports.  The 
tables  of  cross-citations  furnished  with  the  Northwestern  make 
it  a  simple  matter  to  find  cases,  even  if  cited  by  the  State  Re- 
ports page  and  volume.  The  limited  quantity  of  local  case 
law,  and  the  fact  that  the  decisions  of  the  neighboring  states 
are  constantly  cited,  makes  this  set  a  necessity  to  the  lawyer 
practicing  in  South  Dakota.  Write  for  price  and  full  informa- 
tkm. 

West  Publishing  Co.,  St  Paal,  Minn. 


(Tennessee. 


Citizenship — Age — Character. 

Citizenship  of  this  state  is  not  a  requisite  here,  but  the  can- 
didate shall  be  21  years  of  age  and  of  good  moral  character, 
and  must  be  a  citizen  of  some  state  in  the  United  States. 

Examination — Regulations — Scope — Fee. 

In  applying  for  admission,  the  candidate  shall  file  the  cer- 
tificate of  the  county  court  in  the  county  in  which  he  resides 
that  he  is  of  sufficient  age  and  moral  character.  This  applica- 
tion must  be  filed  at  least  10  days  before  the  date  fixed  for  the 
examination,  and  must  be  accompanied  by  a  fee  of  $5,  Ex- 
amination is  conducted  by  a  Board  of  Examiners  consisting 
of  three  attorneys  appointed  by  the  court.  Applicants  will  be 
required  to  submit  written  answers  to  75  questions  based  on  the 
following  subjects :  Real  and  Personal  Property,  Personal 
Rights,  Torts,  Contracts,  Partnership,  Bailments,  Negotiable 
Instruments,  Principal  and  Agent,  Principal  and  Surety,  Do- 
mestic Relations,  Wills,  Corporations,  Equity  Jurisprudence, 
Evidence,  Common  Law  and  Equity  Pleading  and  Practice, 
Criminal  Law  and  Evidence,  the  Constitutions  of  the  State  and 
of  the  United  States,  and  Legal  Ethics.  A  minimum  grade  of 
75  per  cent,  is  required  in  order  to  be  entitled  to  a  license  to 
practice.  Persons  failing  in  the  first  examination  may  be  re- 
examined after  three  months  without  paying  an  additional  fee. 
A  fee  of  $3,  in  addition  to  the  regular  examination  fee,  will  be 
paid  upon  the  issuance  of  a  license. 

Admission  of  Attorneys  from  Other  States. 

Where  the  requirements  for  admission  to  the  bar  are  equal  to 
those  prescHb^d  in  Tennessee,  attorneys  from  other  states  may 

1.S8) 


RULES   FOR  ADMISSION   TO   THE   BAR.  139 

be  admitted  without  examination,  by  exhibiting  their  Hcenses 
or  copies  of  the  record  showing  their  admission  to  the  highest 
court  of  the  state  from  which  they  came.  If  the  requirements 
are  not  equivalent  to  those  required  in  Tennessee,  the  attorney 
may  be  admitted  without  examination  provided  he  has  practiced 
for  a  period  of  5  years,  and  the  board  is  satisfied  that  the  appli- 
cant is  worthy  of  admission. 

Miscellaneous. 

Examinations  are  held  six  times  a  year,  at  Knoxville,  Nash- 
ville, Jackson,  Lebanon,  Memphis,  and  Chattanooga^  at  such 
times  as  the  Board  of  Examiners  determine  upon.  Applica- 
tions for  examination  must  be  made  to  the  board,  and  filed 
with  the  secretary  before  the  date  of  examination. 
Source  of  Rules. 

Act  of  March  30,  1903,  and  Rules  of  Supreme  Court  adopted 
April  28,  1903. 


TENNESSEE  DECISIONS. 

1791  to  1909. 

A  complete  set  of  Tennessee  Reports  (down  to  1909)  con- 
sists of : 

Overton,  2  vols. 
Cook,  1  vol. 
Haywood,  3  vols. 
Peck,  1  vol. 

Martin  &  Yerger,  1  vol. 
Yerger,  10  vols. 
Meigs,  1  vol. 
Humphrey,  11  vols. 
Swan,  2  vols. 
Sneed,  5  vols. 
Head,  3  vols. 


140  RULES   FOU   ADMISSION   TO  THE  BAR, 

Coldwell,  7  vols. 
Heiskell,  12  vols. 
Baxter,  9  vols. 
Lea,  16  vols. 
Tennessee,  vols.  85  to  118. 

All  Tennessee  decisions  subsequent  to  16  Lea  are  reported 
in  the  Southwestern  Reporter,  114  vols.  The  set  also  contains 
many  decisions  of  the  Tennessee  Court  of  Chancery  Appeals, 
which  have  been  affirmed  by  the  Supreme  Court  without  opin- 
ion. Many  of  these  are  valuable  decisions,  and  are  not  report- 
ed elsewhere.  The  set  also  contains  all  decisions  for  the  last 
23  years  of  Arkansas,  Kentucky,  Missouri,  and  Texas,  and  all 
decisions  of  Indian  Territory.  The  tables  of  cross-citations 
furnished  with  the  Southwestern  make  it  a  simple  matter  to 
find  the  cases,  even  if  cited  by  the  State  Report  page  and  vol- 
ume.    Write  for  price  and  full  information. 

West  Publishing  Co.,  St  Paul,  Minn. 


(Texas. 


Citizenshiit — Age — Character. 

The  applicant  shall  file  a  certificate  of  the  county  commis- 
sioners' court  of  the  county  in  which  he  resides,  and  also  that 
of  two  reputable  attorneys  who  have  known  him  for  the  pre- 
ceding six  months,  to  the  etiect  that  he  has  been  a  resident  of 
the  state  for  the  last  six  months,  is  of  full  age  and  of  good 
moral  character. 

General  Education. 

It  shall  be  the  duty  of  the  Board  of  Examiners  to  reject  any 
applicant  who,  in  their  opinion,  shall  show  himself  so  deficient 
in  general  education  as  not  to  be  capable  of  performing  the 
duties  of  an  attorney. 

Examination — Regulations — Scope — Fee. 

A  Board  of  Examiners  is  appointed  by  each  Court  of  Civil 
Appeals,  to  whom  applications  for  admission  must  be  made. 
The  examination  embraces  th?  following  subjects :  Elements 
of  the  Common  Law,  Real  Property,  Contracts,  Torts,  Equity 
Jurisprudence,  Pleading,  Practice  and  Evidence.  Domestic 
Relations  and  Administration  of  Decedents'  Estates,  Constitu- 
tional and  Statutory  Law,  and  Criminal  Law.  The  examina- 
tions are  in  writing,  and  no  applicant  shall  be  granted  a  license 
unless  he  makes  a  grade  of  not  less  than  50  per  cent,  in  all 
branches  and  a  general  average  of  not  less  than  75  per  cent. 
An  applicant  who  fails  cannot  take  a  new  examination  within 
six  months,  and  the  'second  examination  must  be  taken  before 
the  same  Board  of  Examiners  as  was  the  first.  A  fee  of  $10 
must  be  paid  upon  application  for  examination. 

(141) 


142  RULES   FOR  ADMISSION  TO   THE   BAR. 

Admission  of  Attorneys  from  Otiier  Jurisdictions. 

Upon  presentation  of  a  certificate  from  a  judge  of  the  state 
from  which  the  attorney  comes,  showing  that  he  is  in  good 
standing  and  of  good  moral  character,  an  attorney  who  has 
been  admitted  in  another  state  will  be  permitted  to  take  the 
examination  in  Texas. 

Miscellaneous. 

Examinations  are  held  at  least  four  times  a  year,  at  the  places 
where  the  several  Courts  of  Civil  Appeals  sit,  The  times  at 
which  the  examinations  are  held  are  specified  by  the  several 
Boards  of  Examiners.  After  an  attorney  has  been  admitted 
to  one  of  the  Courts  of  Civil  Appeals,  he  may  be  admitted  to 
the  Supreme  Court  by  filing  his  license  with  the  clerk  of  that 
court.  Graduates  of  the  law  department  of  the  State  Univer- 
sity are  admitted  upon  presentation  of  their  diploma  to  the 
clerk  of  the  Supreme  Court  within  12  months  from  the  date  of 
issuance,  together  with  a  certificate  from  the  commissioners' 
court  of  the  county  in  which  the  applicant  resides,  stating  that 
he  has  fulfilled  the  requirements  as  to  age,  character,  and  resi- 
dence.   The  usual  fee  of  $10  will  be  paid  upon  admission. 

Source  of  Rules.  ^ 

Rev.  St.  1S95,  §§  255-260,  as  amended  by  chapter  42,  Acts 
1903,  and  chapter  100,  Acts  1905 ;  Supreme  Court  Rules  (78 
S.  W.  v-vi). 


TEXAS  DECISIONS. 

1840  to  1909. 

A  complete  set  of  Texas  Reports  (down  to  1909)  consists  of: 
Texas  Supreme,  100  vols.,  Dallam's  Decisions,  and  25 

Supplement,  1840-1909. 
Texas  Criminal  Appeals,  53  vols.,  1876-1909. 
Texas  Civil  Appeals,  44  vols.,  1892-1909. 


RULES  FOR  ADMISSION  TO  THE   BAR.  143 

The  Southwestern  Reporter,  114  vols.,  contains  all  decisions 
of  Texas  subsequent  to  65  Supreme,  20  Criminal  Appeals,  and 
all  decisions  of  the  Court  of  Civil  Appeals.  It  also  in- 
cludes more  than  nine  thousand  of  the  decisions  of  these  courts 
which  have  been  omitted  from  the  Texas  Reports,  and  are  only 
published  in  the  Southwestern  Reporter.  These  omitted  cases 
are  one-half  of  all  the  decisions  of  the  Texas  courts  for  the 
period  covered  (23  years).  As  a  reporter  of  the  current  de- 
cisions, it  is  prompt,  accurate,  and  exceedingly  popular.  In 
addition  to  these,  the  Southwestern  also  contains  all  decisions 
for  the  last  23  years  of  Arkansas,  Kentucky,  Missouri,  and 
Tennessee,  and  all  of  Indian  Territory.  The  tables  of  cross- 
citations  furnished  with  the  Southwestern  make  it  a  simple 
matter  to  find  the  cases,  even  if  cited  by  the  State  Report 
page  and  volume.  The  set  is  looked  upon  in  Texas  as  a  local 
necessity.     Write  for  price  and  full  description. 

West  Publishing  Co.,  St  Paul,  Minn. 


atai?. 


-1^ 
Citizenship — Age — Character. 

To  entitle  one  to  examination  for  admission,  he  shall  be  a 

citizen  of  the  United  States,  or  one  who  has  declared  his  bona 

fide  intention  of  becoming  such,  21  years  of  age,  and  of  good 

moral  character. 

Examination — Regulations — Scope — Fee. 

The  petition,  accompanied  by  the  certificates  of  two  mem- 
bers of  the  bar  that  the  applicant  is  of  good  moral  character, 
shall  be  in  writing  and  shall  set  forth  the  name,  age,  resi- 
dence, and  duration  of  the  period  of  preparatory  study.  The 
statements  of  the  application  and  the  legal  attainments  of  the 
candidate  shall  be  thoroughly  investigated  by  the  board  of 
examiners,  consisting  of  three  members  of  the  bar  appointed 
by  the  court.  If  he  passes  this  test  satisfactorily,  the  fee  of 
$25  shall  be  paid  and  the  oath  of  office  taken. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

The  examination  may  be  dispensed  with  in  the  case  of  one 
admitted  in  the  highest  court  of  another  state,  upon  proof  of 
such  admission,  when  application  is  made  in  this  state. 

Miscellaneous. 

Examinations  are  held  the  Thursday  before  the  second  ?^Ion- 
day  of  February,  May,  and  October.  Applications  should  be 
addressed  to  the  clerk  of  the  Supreme  Court,  H,  W.  Grifiith, 
Salt  Lake  City,  Utah. 

Source  of  Rules. 

Comp.  Laws  1908,  §§  105-110;  Sup.  Ct.  Rules  (49  Pac.  xiii). 

(144) 


BDLES   FOR  ADMISSION  TO  THE   BAB.  145 

UTAH  DECISIONS. 

1871  to  1909. 

A  complete  set  of  Utah  Reports  (down  to  1909)  consists  of 
33  vols.  All  decisions  subsequent  to  vol.  2,  Utah,  are  report- 
ed in  the  Pacific  Reporter,  97  vols.  The  Utah  Code  was 
adapted  from  that  of  California,  and  the  decisions  of  that  state 
are  closely  followed.  The  Pacific  Reporter  contains  upward 
of  70  per  cent,  of  all  California  decisions,  being  all  decisions 
for  the  last  26  years,  including  nearly  2,000  decisions  which 
have  been  omitted  from  the  State  Reports,  and  are  only  found 
in  the  Pacific.  The  set  also  contains  all  decisions  for  the  last 
26  years  of  Colorado,  Idaho,  Kansas,  Montana,  Nevada,  New 
Mexico,  Oregon,  Washington,  and  Wyoming,  and  all  of  Ari- 
zona, and  Oklahoma.  The  tables  of  cross-citations  furnished 
with  the  Pacific  make  it  a  simple  matter  to  find  the  cases,  even 
if  cited  by  the  State  Report  page  and  volume.     Write  for  full 

information  and  price. 

West  Publishing  Co.,  St  Paul,  Minn. 
10 


I 


Pcrmoni 


Citizenship— Age — Character. 

Citizenship,  full  age,  and  good  moral  character  are  neces- 
sary qualifications  of  one  seeking  admission  to  the  bar  of  this 
state. 

General  Edncation. 

The  applicant's  preliminary  education,  other  than  legal,  shall 
be  equivalent  to  that  received  in  a  high  school,  and  shall  be 
proved  to  the  satisfaction  of  the  board  before  the  examination. 

Term  of  Study. 

The  candidate  shall  have  studied  in  the  office  of  a  practicing 
attorney  of  the  Supreme  Court  within  this  state  for  three  years 
preceding  his  application,  except  that  in  lieu  thereof  not  more 
than  two  years  of  such  time  may  have  been  spent  in  a  reputable 
law  school.  In  the  discretion  of  the  court  one  year  of  such 
study  may  have  been  pursued  in  the  office  of  an  attorney  out- 
side the  state,  but  the  last  year  shall  have  been  within  the  state. 

Examination — Regulations — Scope. 

Each  candidate  shall  file  with  the  clerk  of  the  Supreme  Court 
a  petition  for  admission,  stating  his  age,  residence,  and  the 
time,  place,  and  circumstances  of  his  term  of  study,  and  an 
affidavit  of  an  attorney  of  the  court  stating  that  the  petitioner 
has  actually  pursued  his  studies  as  required,  and  accompanied 
also  by  the  certificates  of  three  attorneys  vouching  for  his 
character.  The  examination  'shall  be  partly  in  writing  and 
partly  oral,  and  shall  include  questions  upon  at  least  12  of  the 
subjects  to  be  selected  from  those  of  Common-Law  Pleading 
and  Practice,  Evidence,  Domestic  Relations,  Personal  Property, 
Contracts  (including  Sales,  Bailments,  and  Negotiable  Instru- 

(146) 


RULES  FOR  ADMISSION  TO  THE  BAB.  147 

ments),  Agency,  Partnership,  Corporations,  Real  Property  (in- 
cluding Mortgages  and  Landlord  and  Tenant),  Wills  and  Pro- 
bate Law,  Equity  Jurisprudence,  Pleading  and  Practice  in 
Chancery,  Torts,  Criminal  Law,  the  Important  Provisions  of 
Vermont  Statute  Law  (especially  those  modifying  the  Common 
Law,  and  those  relating  to  Practice,  Conveyancing,  and  Pro- 
bate), the  Constitutions  of  this  state  and  the  United  States,  and 
Legal  Ethics.  If  satisfactory  to  the  board,  it  will  so  report  to 
the  Supreme  Court,  and  a  license  shall  be  granted  and  the  pre- 
scribed oath  administered. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  admitted  in  another  state  shall  be  admitted  in 
this  upon  proof  of  citizenship,  age,  good  moral  character,  ad- 
mission in  such  state,  practice  of  his  profession  for  one  year, 
and  residence  in  this  state  for  six  months  next  preceding  his 

application. 

Miscellaneons. 

Examinations  are  held  at  Montpelier  the  fourth  Tuesday  in 

October.  Applications  must  be  filed  with  the  clerk  of  the  Su- 
preme Court  at  least  10  days  before  this  day. 

Source  of  Rules. 

Pub.  St.  1906,  §§  1337,  1338;  Sup.  Ct.  Rules. 


VERMONT  DECISIONS. 

1789  to  1909. 

A  complete  set  of  Vermont  Reports  (down  to  1909)  con- 
sists of : 

N.  Chipman,  1  vol. 
D.  Chipman,  2  vols. 
Tyler,  2  vols. 
Brayton,  1  vol. 
Aikens,  2  vols. 
Vermont,  80  vols. 


148  RULER   FOR   ADMISSION  TO  THE  BAR. 

We  have  reprinted  the  Vermont  Reports,  vols.  1  to  58  and  8 
prchminaries,  annotated  them  thoroughly,  and  bound  them  in 
IT  books.  Vols.  59  to  G5  Vermont  are  out  of  print  and  scarce. 
The  only  convenient  method  of  obtaining  the  decisions  in 
these  volumes  is  through  the  Atlantic  Reporter,  71  vols.,  which 
contains  all  Vermont  decisions  subsequent  to  vol.  57.  The  set 
also  contains  all  decisions  for  the  last  24  years  of  Connecticut, 
Delaware,  Maine,  Maryland,  New  Hampshire,  New  Jersey, 
Pennsylvania,  and  Rhode  Island,  including  some  2,500  deci- 
sions which  have  been  omitted  from  the  State  Reports.  The 
tables  of  cross-citations  furnished  with  the  Atlantic  make  it  a 
simple  matter  to  find  the  cases,  even  if  cited  by  the  State  Re- 
port page  and  volume.  Write  for  price  and  detailed  descrip- 
tion. 

West  Publishing  Co.,  St  Paul,  Minn. 


Ptr^^^^^^* 


Citizenship — Age — Character. 

Residence  within  the  state  for  the  six  months  next  preceding 
the  date  of  application,  the  age  of  majority,  and  good  moral 
character  are  qualifications  required  of  each  applicant  for  ad- 
mission in  this  state. 

Examination — Regulations — Scope — Fee. 

Every  person  applying  for  a  license  to  practice  law  must 
first  have  obtained  from  the  circuit  court  of  the  county  or  the 
corporation  court  of  the  city  wherein  he  resides  a  certificate 
that  he  is  a  person  of  good  morals,  21  years  of  age,  and  has 
resided  in  this  state  the  preceding  six  months.  Application  for 
such  certificate  shall  be  filed  with  the  clerk  of  such  circuit  or 
corporation  court  ten  days  before  the  day  on  which  the  court 
will  be  asked  to  grant  the  said  certificate,  and  must  be  accom- 
panied by  the  written  recommendation  of  two  members  of  the 
bar  of  his  judicial  circuit,  who  are  practicing  attorneys  in  this 
court,  as  to  his  good  moral  character.  On  or  before  the  1st 
day  in  November,  if  the  applicant  desires  to  be  examined  at 
Richmond,  and  on  or  before  the  15th  day  of  June,  if  the  ap- 
plicant desires  to  be  examined  at  Wytheville,  he  shall  file  with 
the  secretary  of  the  court  at  that  place  such  certificate  of  his 
circuit  or  corporation  court,  and  also  a  certified  copy  of  his  ap- 
plication therefor  and  of  the  recommendations  which  accom- 
panied the  same,  together  with  a  fee  of  $2.50.  The  test  of  the 
candidate's  legal  qualifications  shall  be  conducted  in  writing  by 
three  or  more  justices  of  the  Supreme  Court  of  Appeals  upon 
the  subjects  of  Real  and  Personal  Property,  Domestic  Rela- 
tions.   Contracts,    Agency,    Partnership,    Negotiable    Instru- 

(149) 


150  RULKS   FOR   ADMISSION   TO   TIIK   BAR. 

ments,  Insurance,  Corporations,  Wills  and  Personal  Represen- 
tatives, Torts,  Equity  Jurisprudence,  Pleading  and  Practice  at 
Law  and  in  Equity,  Evidence,  Crimes  and  Criminal  Procedure, 
Powers  and  Duties  of  the  Corporation  Commission,  and  the 
Code  of  Virginia.  The  prescribed  oath  shall  be  taken  if  this 
examination  is  passed  satisfactorily. 

Admission  of  Attorneys   from   Other  Jurisdictions. 

Any  person  authorized  to  practice  in  the  courts  of  another 
state  may  be  licensed  in  this  state,  without  examination,  upon 
furnishing  a  certificate  from  the  court  of  last  resort  in  such 
state  or  territory  that  he  has  practiced  law  therein  for  three  or 
more  years  and  is  of  good  moral  character.  Such  certificate 
much  be  signed  by  the  Chief  Justice  of  said  court,  whose  sig- 
nature must  be  attested  by  the  clerk  of  said  court,  and  under 
the  seal  thereof.  In  addition,  he  shall  furnish  a  certificate 
from  two  practicing  attorneys  in  such  state  or  territory  as  to 
applicant's  good  moral  character,  which  certificate  shall  be 
attested  by  the  said  clerk  in  like  manner. 

Miscellaneous. 

Examinations  will  be  held  at  Richmond  on  the  first  Friday 
after  the  second  Tuesday  in  November,  and  at  Wytheville  on 
the  third  Wednesday  after  the  first  Tuesday  in  June.  No  other 
examinations  will  be  held.  Any  person  over  19  and  under  21 
years  of  age,  who  has  studied  law  for  a  period  of  two  years 
in  a  law  school  of  this  state,  or  in  the  office  of  a  practicing  at- 
torney of  this  state,  and  who  is  otherwise  qualified,  may  take 
the  state  bar  examination ;  provided,  that  no  certificate  shall 
issue  to  such  person  until  he  shall  have  attained  the  age  of  21 
years,  and  provided,  further,  that  in  such  case  the  application 
must  state  the  exact  date  when  the  applicant  will  become  21 
years  of  age. 

Source  of  Rules. 

Code  1904,  §§  3191-3193 ;  Rules  Sup.  Ct.  App.  Sept.  1908. 


BUL£S  FOR  ADMISSION  TO  THE   BAR.  151 

VIRGINIA  DECISIONS. 

1730  to  1909. 

A  complete  set  of  Virginia  Reports  (down  to  1909)  con- 
sists of: 

Jefferson,  1  vol. 
Wythe's  Chancery,  1  vol. 
Washington,  2  vols. 
Call,  6  vols. 

Hening  &  Munford,  4  vols. 
^lunford,  6  vols. 
Gilmer,  1  vol. 
Randolph,  6  vols. 
Leigh,  12  vols. 
Robinson,  2  vols. 
Grattan,  33  vols. 
Virginia,  vols.  75  to  107. 
Virginia  Cases,  2  vols. 
Patton,  Jr.,  &  Heath,  2  vols. 
Virginia  Decisions,  2  vols. 

All  Virginia  decisions  subsequent  to  vol.  82  are  reported  in 
the  Southeastern  Reporter,  63  vols.  This  includes  some  175 
decisions  which  have  been  omitted  from  the  State  Reports  and 
can  only  be  found  in  the  Southeastern  Reporter.  The  set  also 
contains  all  decisions  for  the  last  22  years  of  Georgia,  North 
Carolina,  South  Carolina,  and  West  Virginia,  and  costs  about 
one-fourth  as  much  as  the  corresponding  State  Reports.  The 
tables  of  cross-citations  furnished  with  the  Southeastern  make 
it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the  State 
Report  page  and  volume.  We  will  be  pleased  to  quote  and  fur- 
nish full  information  on  request. 

West  Pubmshing  Co.,  St.  Paul,  Minn. 


IPasf^tn^ton. 


Citizenship — Age — Chaxacter. 

No  person  shall  be  admitted  to  examination  in  this  state  un- 
less he  is  a  citizen  of  the  United  States,  a  re'sident  of  this  state, 
21  years  of  age,  and  of  good  moral  character. 

Term  of  Study. 

He  shall  have  pursued  the  study  of  law  for  at  least  two  years 
in  the  office  of  a  practicing  attorney,  or  have  graduated  from  a 
law  school  requiring  at  least  a  two  years'  course. 

Examination — Regulations — Scope — Fee. 

The  examination,  conducted  by  the  Supreme  Court,  assisted 
by  three  members  of  the  bar  appointed  by  the  court,  shall  con- 
sist of  written  questions  and  answers  such  as  the  court  and 
committee  may  select  and  an  oral  test  before  the  court  and 
committee  on  the  day  following.  The  committee  shall  report 
to  the  Supreme  Court  its  opinion  of  the  abilities  of  the  can- 
didate, and  the  court  shall  grant  a  license  and  administer  the 
oath  if  the  candidate  is  deemed  capable.  With  each  applica- 
tion filed  with  the  clerk  of  the  court  a  fee  of  $20  shall  be  de- 
posited, which  sum  shall  be  returned  to  the  applicant  in  case 
his  application  is  denied. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Any  person  who  has  been  admitted  to  the  highest  court  of 
record  of  another  state  or  territory,  upon  becoming  a  resident 
of  this  state  and  furnishing  an  affidavit  of  good  standing  in 
the  court  from  whence  he  presents  a  certificate,  which  affidavit 
should  also  show  the  fact  of  his  residence  in  this  state  and 
citizenship  in  the  United  States,  may  be  admitted  in  the  Su- 
preme Court  upon  payment  of  the  fee  of  $20.  Personal  appear- 
ance by  the  attorney  is  not  necessary. 

(152) 


RULES   FOR   ADMISSION   TO   THE   BAE.  163 

Admission  on  Diploma. 

Graduates  of  the  law  department  of  the  University  of  Wash- 
ington, after  a  full  course  of  two  years'  study,  shall  be  admitted 
without  examination  upon  the  production  of  their  diplomas 
and  satisfactory  evidence  that  they  are  citizens  of  the  United 
States,  of  full  age,  and  of  good  moral  character. 

Miscellaneous. 

Any  person  a  resident  of  this  state,  and  admitted  to  prac- 
tice in  any  of  the  superior  courts  of  this  state,  shall  be  en- 
titled to  practice  in  the  Supreme  Court  on  proof  of  such  ad- 
mission, together  with  his  own  affidavit  that  he  is  not  under 
judgment  of  disbarment  or  suspension  of  any  court.  The  fee 
for  entering  said  admission  will  be  $20 

No  person  shall  be  excluded  from  acting  as  an  attorney  by 
reason  of  sex.  Examinations  are  held  on  the  first  Thursday 
and  Friday  of  each  term  of  court,  and  notice  of  application, 
together  with  affidavit  of  applicant  showing  that  he  has  the 
qualifications  required  by  statute  and  is  not  under  sentence  of 
susj>ension  or  disbarment  of  any  court,  must  be  filed  with  the 
clerk  of  the  Supreme  Court  at  least  one  week  before  the  first 
Thursday  of  the  term. 

Source  of  Rules. 

Ballinger's  Code,  §§  4759-4764;  Laws  1903,  c.  185;  Sup. 
Ct.  Rules,  July  15,  1901. 


WASHINGTON  DECISIONS. 

1854  to  1909. 

A  complete  set  of  Washington  Reports  (down  to  1909)  con- 
sists of : 

Washington  Territorial,  3  vols.,  1854-1879. 
Washington  State,  49  vols..  1880-1909. 


154  RULES   FOR  ADMISSION  TO  THE   BAR. 

All  decisions  of  Washington  subsequent  to  vol.  1,  Territorial, 
are  reported  in  Pacific  Reporter,  97  vols.  The  Washingion 
Code  was  adapted  from  that  of  California,  and  the  decisions  of 
that  state  are  therefore  followed  closely  by  the  Washington 
courts.  The  Pacific  Reporter  contains  all  decisions  of  Califor- 
nia for  the  last  26  years,  representing  about  75  per  cent,  of  all 
decisions,  and  including  nearly  2,000  that  have  been  omitted 
from  the  State  Reports  and  can  only  be  found  m  the  Pacific 
The  set  also  contains  all  decisions  of  Colorado^  Idaho,  Kansas, 
Montana,  Nevada,  New  Mexico,  Oregon,  Utah,  and  Wyoming 
for  the  last  26  years,  and  all  of  Arizona  and  Oklahoma,  anil 
costs  about  one-fifth  as  much  as  the  corresponding  State  Re- 
ports. The  tables  of  cross-citations  furnished  with  the  Pa- 
cific make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by 
the  State  Report  page  and  volume.  The  Pacific  is  usually  re- 
garded as  indispensable  in  Washington,  We  will  be  pleased  to 
quote  prices,  and  furnish  full  information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


West  Vivg,inial 

Citizenship — Age — Character. 

A  person  applying  for  license  to  practice  in  this  state  must 
appear  before  and  prove  to  the  satisfaction  of  the  county  court 
of  the  county  in  which  he  has  resided  for  the  next  preceding 
year  that  he  has  been  a  resident  of  such  county  during  that 
period,  that  he  is  21  years  of  age,  and  that  he  is  of  good  moral 
character. 

Preliminary  Education — Term    of    Study. 

Every  candidate  for  admission  must  have  had  at  least  a  high 
school  education,  and  shall  have  completed  the  courses  in  gen- 
eral culture  prescribed  by  the  council.  Before  admission  to 
examination  the  candidate  shall  present  satisfactory  evidence 
that  he  has  studied  law  for  two  successive  years  next  preced- 
ing the  application. 

Examination — Regulations — Scope — Fee. 

The  petitioner  shall  appear  before  the  commission  (now  the 
professors  of  law  in  the  State  University)  appointed  by  the 
Supreme  Court  of  Appeals,  and  undergo  a  written  test  upon  the 
subjects  of  Blackstone,  Code  of  West  Virginia,  Torts,  Criminal 
Law  and  Procedure,  Contracts,  Agency,  Bailments,  Insurance, 
Corporations,  Pleading,  Real  Property,  Negotiable  Paper, 
Partnership,  Suretyship  and  Guaranty,  Evidence,  Sales,  Equity 
Practice  and  Pleading,  and  Constitutional  Law.  If  the  com- 
mission favor  his  admission,  they  shall  so  certify  to  the  Su- 
preme Court  of  Appeals,  and  a  license  will  be  granted ;  and, 
in  case  of  failure  the  unsuccessful  candidate  shall  be  permitted 
to  appear  at  the  next  examination  for  further  test.  Every  ap- 
plicant for  such  examination  shall  pay  a  fee  of  $5,  together 
with  a  fee  of  $2.50  for  license  in  case  of  success. 

nrcA 


156  ■  RULES   FOR   ADMISSION  TO   THE   BAR. 

Admission  of  Attorneys   from  Other  States. 

Attorneys  practicing  in  the  courts  of  record  of  a  foreign 
state  shall  be  admitted  to  practice  in  this  state  upon  submitting 
satisfactory  evidence  of  such  previous  admission,  and  upon  tak- 
ing the  prescribed  oath.  This  does  not  apply,  however,  to  at- 
torneys who  were  admitted  in  another  state  while  residents  of 
this  state.  Such  attorneys  must  take  the  prescribed  examina- 
tion. 

Admission  on  Diploma. 

Any  person  who  shall  produce  a  certificate  of  the  county 
court  of  the  county  of  his  residence,  vouching  for  his  general 
qualifications,  together  with  a  diploma  from  the  Law  School 
of  the  West  Virginia  University,  shall  be  admitted  to  practice 
in  any  and  all  of  the  courts  of  this  state  without  further  ex- 
amination. 

Miscellaneous. 

Examinations  are  held  at  Morgantown  on  the  first  Wednes- 
day after  the  1st  of  January,  the  first  Wednesday  in  April,  and 
the  last  Wednesday  of  September. 

Sonrce  of  Rules. 

Code  1906,  §§  3760-3761 ;  Order  of  Supreme  Court  of  Ap- 
peals, June  16,  1897;  Rules  Board  of  Examiners. 


WEST  VIRGINIA  DECISIONS. 

1863  to  1909. 

A  complete  set  of  West  Virginia  Reports  (down  to  1909) 
consists  of  62  vols.  All  decisions  subsequent  to  vol.  28  West 
Virginia  are  reported  in  the  Southeastern  Reporter,  63  vols. 
Vols.  35  to  45  West  Virginia  are  out  of  print.  Consequently 
the  only  convenient  method  of  obtaining  the  decisions  in  these 
volumes  is  through  the  Southeastern.     The  set  also  contains  all 


RULES   FOR   ADMISSION    TO   THE   BAR,  157 

decisions  of  the  parent  state  (Virginia)  for  the  past  22  years, 
including  some  175  cases  that  have  heen  omitted  from  the  State 
Reports  and  can  only  be  found  in  the  Southeastern.  It  also 
contains  all  decisions  of  Georgia,  North  Carolina,  and  South 
Carolina  for  the  last  22  years.  The  tables  of  cross-citations 
furnished  with  the  Southeastern  make  it  a  simple  matter  to  find 
the  cases,  even  if  cited  by  the  State  Report  page  and  volume. 
Write  for  price  and  full  information. 

West  Publishing  Co.,  St  Paul,  Minn. 


Wisconsin. 


Citizensliip — Age — Character. 

Any  citizen  of  the  United  States,  or  one  who  has  declared 
his  intention,  who  is  a  resident  of  the  state,  of  full  age,  and  of 
good  moral  character,  shall  be  eligible  to  the  examination  for 
admission  to  the  bar.  His  application  must  contain  the  cer- 
tificate of  two  lawyers  practicing  in  the  county  in  which  the 
applicant  resides,  or  of  the  judge  of  the  circuit  or  county  court 
of  such  county. 

General  Education. 

Applicants  who  are  not  graduates  of  the  university  or  a  col- 
lege or  free  high  school  having  a  four  years'  course  must  take 
an  examination  as  to  their  educational  qualifications  before  a 
superintendent  of  a  high  school  or  such  other  person  as  may  be 
designated  by  the  state  board  of  law  examiners. 

Term  of  Study. 

The  applicant  shall  also  file  a  certificate  from  his  preceptor, 
or  from  the  dean  or  other  official  of  the  law  school,  stating  the 
time  in  which  said  applicant  has  pursued  the  study  of  law. 
The  applicant  must  have  studied  law  at  least  three  years  within 
the  five  years  next  preceding  the  making  of  the  application. 

Examination — Itegulations — Scope. 

Examinations  are  written  and  oral,  and  are  held  by  a  state 
board  consisting  of  five  members.  The  examinations  shall  cov- 
er the  subjects  of  Agency,  Attachment  and  Garnishment,  Bail- 
ments and  Carriers,  Common  Law,  Constitutional  Law,  Con- 
tracts, Public  and  Private  Corporations,  Courts  and  Their  Ju- 
risdiction, Criminal  Law  and  Practice,  Damages,  Domestic  Re- 
lations, Equity,  Jurisprudence,  Eminent  Domain,  Evidence,  In- 
surance, Legal  Ethics,  Marriage  and  Divorce,  Mortgages  and 
Other  Liens,  Negotiable  Paper,  Partnership,  Personal  Proper- 


RULES  FOR  ADMISSION  TO  THE   BAR.  159 

ty,  including  Sales ;  Pleading  and  Practice  and  the  Trial  of  Ac- 
tions in  the  Courts  of  Wisconsin  and  of  the  United  States,  Po- 
lice Power,  Probate  Law,  including  the  Law  of  Descent  and 
Administration  of  Estates;  Real  Property,  including  Land- 
lord and  Tenant;  Replevin,  Torts,  Trusts  and  Trustees,  Wills, 
and  the  Statutes  of  Wisconsin  relating  to  the  subjects  men- 
tioned. Every  applicant  whose  average  markings  shall  be  75 
per  cent,  on  a  basis  of  100  per  cent,  shall  be  entitled  to  the  cer- 
tificate of  the  board,  which  will  entitle  him  to  a  license  upon 
presentation  to  any  court  of  record  in  the  state.  An  applicant 
who  fails  in  three  successive  examinations  shall  not  be  permit- 
ted to  take  another  examination  within  one  year  from  his  last 
examination  without  the  consent  of  the  board. 

Admission  of  Attorneys  from  Other  Jurisdictions. 

Residents  of  the  state  who  have  been  admitted  to  practice 
in  the  Supreme  Court  of  any  other  state  or  territory  may  be 
admitted  to  practice  by  any  court  of  record  upon  the  production 
of  their  certificates  of  admission  and  upon  proof  that  they  have 
engaged  in  actual  practice  in  such  other  state  or  territory  for 
at  least  two  years  prior  to  making  application.  A  certificate  of 
any  judge  of  a  court  of  record,  having  knowledge  of  the  facts, 
under  the  seal  of  said  court,  must  be  presented. 

Admission  on  Diploma. 

Any  resident  graduate  of  the  law  department  of  the  State 
University  will  be  admitted  to  all  of  the  courts  in  this  state 
upon  presentation  of  his  diploma. 

Miscellaneous. 

Every  person  commencing  the  study  of  law  in  an  attorney's 
office  or  at  a  law  school  within  the  state,  with  a  view  to  apply- 
ing for  examination,  must  file  with  the  secretary  of  the  board 
a  Signed  statement  giving  his  name,  address,  and  date  when  his 
period  of  study  commenced.  This  statement  must  be  certified 
to  by  the  attorney  under  whose  tuition  the  student  is  pursuing 


160  RULES   FOR   ADMISSION   TO   THE   BAR. 

his  studies,  or  by  the  principal  or  proper  officer  of  the  law 
school,  as  the  case  may  be,  and  the  time  of  such  period  of  study 
shall  commence  with  the  fihng  of  the  notice. 

Examinations  are  held  in  Milwaukee  on  the  third  Tuesday 
in  January,  and  in  Madison  on  the  third  Tuesday  in  July.  Ap- 
plications must  be  made  to  the  secretary  of  the  board,  L.  J. 
Rusk,  Chippewa  Falls,  Wis.,  at  least  30  days  before  examina- 
tion day,  upon  regular  forms  which  will  be  furnished.  Sex 
shall  constitute  no  bar  to  admission  in  this  state. 

Source  of  Rules. 

Statutes  of  Wisconsin,  §  2586,  as  amended  by  Laws  of  1903, 
ch.  19 ;  Rules  of  Supreme  Court ;  Rules  of  Board  of  Ex- 
aminers. 


WISCONSIN  DECISIONS. 

1839  to  1909. 

A  complete  set  of  Wisconsin  Reports  (down  to  1909)  con- 
sists of: 

Pinney,  3  vols.,  1839-1852. 
Wisconsin,  134  vols.,  1853-1909. 

The  Northwestern  Reporter,  119  vols.,  contains  all  Wiscon- 
sin decisions  from  and  including  vol.  46.  This  represents 
over  65  per  cent,  of  all  the  decisions  of  the  state.  The  North- 
western also  contains  all  decisions  for  the  last  30  years  of  Iowa, 
Michigan,  Minnesota,  and  Nebraska,  and  all  of  Dakota  Terri- 
tory and  North  and  South  Dakota.  The  tables  of  cross-cita- 
tions furnished  with  the  Northwestern  make  it  a  simple  matter 
to  find  the  cases,  even  if  cited  by  the  State  Report  page  and 
volume.  The  set  occupies  less  than  one-third  of  the  shelf  room 
of  the  corresponding  State  Reports,  and  costs  about  one-fourth 
as  much.     Write  for  price  and  full  description. 

West  Publishing  Co.,  St.  Paul,  Minn. 


IDxjoming. 


Citizenship — Age — Character. 

No  one  shall  be  admitted  to  practice  in  this  state  who  is  not 
a  citizen  of  the  United  States,  a  bona  fide  resident  of  this  state, 
21  years  of  age,  and  of  good  moral  character,  which  last  shall 
be  certified  to  by  a  member  of  the  bar  of  this  court  or  a  judge 
of  this  state. 

General  Education. 

Although  no  certain  degree  of  preliminary  education  is  re- 
quired, the  applicant  shall  state  in  his  petition  the  extent  of 
the  same. 

Term  of  Study. 

The  candidate  shall  have  studied  law  at  least  three  years, 
either  in  a  law  school  in  the  United  States  or  under  the  su- 
pervision of  a  practicing  attorney  or  judge  of  this  state,  or 
partly  under  one  system  and  partly  under  the  other,  and  the 
petition  shall  show  where  and  with  whom  such  legal  studies 
have  been  pursued,  and  the  works  read  in  the  course  of  study. 

Examination — Regulations — 3cope — Fee. 

The  petition  shall  be  directed  to  the  Supreme  Court,  and 
shall  contain  statements  as  to  applicant's  name,  place  and  date 
of  birth,  and,  if  foreign-born,  the  facts  showing  that  he  is  a 
citizen  of  the  United  States,  places  and  periods  of  residence 
and  occupation  during  the  last  preceding  five  years,  and  names 
and  addresses  of  five  persons  acquainted  with  applicant  during 
said  period.  Such  petition  shall  be  referred  to  the  Board  of 
Examiners,  consisting  of  five  members  of  the  bar.  The  exam- 
ination shall  be  upon  written  questions  prepared  by  said  board, 
and  may  be  conducted  by  one  or  more  examiners,  or  the  dis- 
11  (161) 


162  RULES   FOR   ADMISSION   TO   THE   BAR. 

trict  judge  in  the  district  or  county  of  applicant's  residence, 
or  some  person  selected  by  the  board.  The  questions  and  an- 
swers shall  be  returned  to  the  board,  who  shall  report  its  find- 
ings thereon  to  the  Supreme  Court.  If  the  petitioner's  abili- 
ties are  sufficient,  a  license  shall  be  granted  by  the  court  and 
the  oath  of  attorney  administered.  Each  application  shall  be 
accompanied  by  a  fee  of  $15,  which  shall  entitle  the  candidate 
to  two  examinations,  and  no  more ;  the  second  being  applied  for 
not  later  than  one  year  after  the  first. 
Admission  of  Attorneys  from  Other  Jurisdictions. 

An  attorney  who  has  been  regularly  admitted  to  practice  'in 
the  highest  court  of  another  state  or  territory  may,  in  the  dis- 
cretion of  the  court,  be  admitted  in  this  state  on  proof  of  such 
admission  and  good  moral  character,  which  last  shall  be  cer- 
tified to  by  a  judge  or  two  or  more  attorneys  of  such  other 
state  or  territory,  or  a  member  of  the  bar  of  this  state.  The 
petition  shall  show  the  place  or  places  where  applicant  has  prac- 
ticed law  in  such  other  state,  and  the  period  of  practice  in  each 
place ;  whether  applicant  has  been  admitted  in  more  than  one 
state  or  territory,  and,  if  so,  the  name  of  each  such  state  or 
territory,  together  with  the  dates  of  admission,  as  near  as 
possible,  also  the  period  of  practice  and  the  place  of  residence 
in  each  such  state  or  territory.  Petition  must  also  be  accom- 
panied by  the  names  and  addresses  of  five  persons,  preferably 
judges  or  members  of  the  bar  of  such  other  state  or  territory. 
The  admission  fee  is  $10. 
Miscellaneous. 

Application  to  be  examined  must  be  made  to  the  clerk,  who 
will  refer  the  application  to  the  board.  A  regular  meeting  of 
the  Board  of  Examiners  is  held  at  the  capital  on  the  second 
day  of  each  regular  term  of  the  Supreme  Court  in  each  year. 
Special  meetings  may  be  held  from  time  to  time  as  the  board 
may  determine.  In  case  the  applicant  prefers  to  be  examined 
at  some  place  other  than  the  capital,  his  petition  should  state 


RULES   FOR  ADMISSION  TO  THE  BAR.  163 

the  reasons  therefor.  Whenever  it  is  made  to  appear  to  the  sat- 
isfaction of  the  court  that  it  will  be  a  hardship,  owing  to  dis- 
tance, expense,  or  otherwise,  for  the  applicant  to  attend  upon  a 
session  of  the  board  at  the  capital,  the  examination  may  be  con- 
ducted in  the  district  or  county  where  the  applicant  resides,  by 
the  district  judge  or  some  other  competent  person  to  be  selected 
by  the  board. 

Source  of  Rules. 

Rev.   St   1899,   §§   3306-3313;    Sup.  Ct.   Rules   (58   Pac. 
viii,  ix). 


WYOMING  DECISIONS, 

1870  to  1909. 

A  complete  set  of  Wyoming  Reports  (down  to  1909)  con- 
sists of  15  vols.  All  decisions  of  Wyoming  subsequent  to  vol. 
2  are  reported  in  the  Pacific  Reporter,  97  vols.  The  set  also 
contains  all  decisions  for  the  last  26  years  of  California,  Col- 
orado, Idaho,  Kansas,  Montana,  Nevada,  New  Mexico,  Ore- 
gon, Utah,  and  Washington,  and  all  of  Arizona  and  Okla- 
homa. The  tables  of  cross-citations  furnished  with  the  Pacific 
make  it  a  simple  matter  to  find  the  cases,  even  if  cited  by  the 
State  Report  page  and  volume.  The  set  costs  about  one-fifth 
as  much  as  the  corresponding  State  Reports.  The  limited  quan- 
tity of  local  case  law  makes  reference  to  the  decisions  of  other 
jurisdictions  as  precedents  necessary,  and  the  Pacific  Reporter, 
containing,  as  it  does,  the  decisions  of  the  neighboring  states, 
is  the  natural  selection.  Indeed,  the  set  is  regarded  as  a  neces- 
sity in  all  the  Western  states.  Write  for  price  and  complete 
information. 

West  Publishing  Co.,  St.  Paul,  Minn. 


(El?e  Purpose  of  a  X)igesi 


When  the  lawyer  learns  from  his  client  the  history  of  the 
transaction  regarding  which  his  aid  is  sought,  he  usually  an- 
alyzes the  statement,  reducing  it  to  its  lowest  terms,  and  knows 
m  a  general  way  the  legal  principle  the  facts  involve.  To 
merely  recognize  a  general  principle,  however,  is  insufficient 
in  his  work  as  a  practicing  lawyer.  For  example,  suppose  the. 
facts  related  involve  the  rule,  "General  appearance  waives  de- 
fect in  process."  To  know  of  this  general  rule  is  not  enough. 
He  must  know  what  acts  of  the  parties  constitute  a  general  ap- 
pearance, and  must  learn  how  courts  have  applied  the  rule  to 
like  facts.  So  to  be  fully  equipped  to  serve  his  client,  he  must 
know  where  and  how  to  find  the  precedents  showing  such  ap- 
plication. 

A  general  rule  or  principle  of  law,  like  general  expressions 
regarding  lay  matters,  implies  nothing  certain,  nothing  specific 
and  can  only  be  construed  generally. 

The  application  of  the  principle  to  the  facts  of  the  case  is 
generally  the  only  difficulty.  The  principle  itself  is  fixed  and 
well  understood,  while  a  small  circumstance  attending  an  act 
may  change  the  application.  So  a  knowledge  of  the  law  is  to 
a  great  degree  a  knowledge  of  precedents.  In  fact,  the  main  usj 
of  authorities  or  decided  cases  is  the  recognition  of  some  prin- 
ciple and  its  application  to  the  particular  facts  involved,  which 
the  court  can  follow  out  in  deciding  the  question  before  it. 

It  is  cases  showing  the  application  of  the  legal  principle,  an  I 
not  the  principle  itself,  which  the  courts  of  to-day  most  demand. 

Therefore  it  is  not  in  search  for  the  principles  of  law  the 
practicing  lawyer  spends  so  much  time,  but  to  find  cases  show- 

(164) 


THE   PURPOSE   OP  A  DIGEST.  1G5 

ing  how  the  principles  have  been  appHed ;  and  in  his  search  for 
them  he  must  use  the  facts  as  a  guide,  because  the  appHcation 
arises  out  of  the  facts,  and  not  vice  versa. 

Legal  publications  coming  under  the  category  of  text-books 
and  books  of  like  nature  deal  with  the  law  in  a  general  way  and 
are  confined  largely  to  abstract  statements  of  principles,  and  to 
these  the  author  appends  the  authorities  to  which  he  refers ; 
but  it  is  impossible  to  tell,  without  reference  to  a  Digest  or  the 
authorities  themselves,  to  what  extent  or  in  what  particular 
way  the  cases  cited  support  the  proposition  in  the  text.  Text- 
books and  encyclopaedias  do  not  give  the  facts  in  each  case, 
and  therefore  cannot  show  the  particular  application  of  the 
principle  involved. 

If  the  lawyer  needs  to  refresh  his  memory  regarding  a  prin- 
ciple of  law,  however,  then  he  should  resort  to  these  publica- 
tions as  a  valuable  aid ;  but,  if.he  desires  to  know  how  the  prin- 
ciple has  been  applied  to  particular  facts,  he  should  resort  to 
Digests,  which,  if  properly  constructed,  give  in  concrete  form 
the  essential  facts  and  show  the  application  or  holding  of  the 
court  in  each  case. 

It  does  not  suffice  the  lawyer  in  his  particular  case  to  learn : 
^'The  right  to  defend  one's  self  continues  as  long  as  an  unjust 
attack."  This  principle  existed  long  before  courts  expressed 
it.  What  he  wants  to  learn  regarding  his  case  in  hand  is: 
Have  such  acts  of  parties  as  he  is  prepared  to  show  been  con- 
strued by  any  courts  to  be  "an  unjust  attack"?  Are  there  any 
precedents  ?  And  to  learn  this  with  certainty  he  must  resort  to 
Digests,  which  give  the  facts. 


Reports  and  Digests  as  Needed  in  a  Private 
Law   Library. 


REPORTS  AND  REPORTERS. 

Judge  Dillon  says  in  his  work  on  the  Laws  and  Jurispru- 
dence of  England  and  America:  "The  law,  as  a  result  of  the 
ever-occurring  changes  in  the  condition  of  society  and  in  leg- 
islation, is  constantly  changing.  The  old  is,  to  a  great  extent, 
so  well  settled  and  known  as  to  have  become  elementary  and 
indisputable.  It  is  the  new  that  is  unknown,  and  needs  inter- 
pretation and  definition.  And  as  between  the  old  reports  and 
the  new,  the  experience  of  every  lawyer  and  judge  is,  I  think, 
to  the  effect  that  the  new  are  the  most  useful  because  the  most 
needed." 

The  current  supreme  court  decisions  of  all  the  -states  are  pub- 
lished in  two  editions.  In  each  state  the  local  reports  are  pub- 
lished as  a  local  series  under  the  auspices  of  the  state.  This 
is  commonly  known  as  the  "official  edition."  The  current  de- 
cisions of  each  state  are  also  published  in  seven  Reporters,  mak- 
ing up  the  National  Reporter  System.  In  the  Reporters  the 
cases  are  published  first  in  weekly  advance  sheets,  which  are 
afterwards  replaced  by  bound  volumes  for  permanent  use. 

In  building  up  a  library  of  reports,  three  considerations 
should  be  borne  in  mind :  To  obtain  the  books  most  useful : 
to  buy  in  such  a  manner  that  subsequent  purchases  will  not 
duplicate  the  first;  and  to  obtain  the  books  with  the  smallest 
expenditure  possible.  The  National  Reporter  System  fulfills- 
all  these  requirements.     The  National  Reporter  System  con- 

(166) 


REPORTS  AM)  i»i(ii:.srs.  107 

tains  the  late  cases,  and  it  is  far  better  to  buy  a  set  of  tlie  Re- 
porter System,  and  thus  obtain  the  later  decisions  of  the  whole 
country  back  to  a  given  point,  than  to  buy  the  entire  reports  of 
any  one  state,  the  early  volumes  of  which  contain  little  that 
has  not  been  affirmed  in  the  later  reports,  or  that  is  not  obsolete 
or  so  well  settled  as  to  be  mdisputable.  The  one  exception  to 
this  rule  is  in  favor  of  the  decisions  of  one's  own  state.  The 
set  a  lawyer  first  buys  is  generally  that  containing  the  supreme 
court  decisions  of  his  own  state,  and,  as  he  wishes  to  increase 
his  library,  he  can  add  other  reports  as  he  is  prepared  to  do  so. 
If  he  wishes  the  reports  of  any  state  in  full,  he  can  buy  the 
early  volumes  to  the  date  when  their  publication  commences  in 
the  Reporter  System  at  a  material  saving  over  the  cost  of  an 
entire  set.  The  difference  in  cost  between  buying  the  official 
reports  and  obtaining  the  same  cases  in  the  Reporter  System  is 
well  illustrated  in  the  Northeastern  Reporter.  The  Northeast- 
ern Reporter,  vols.  1  to  86,  contains  all  the  opinions  in  the  fol- 
lowing official  reports : 

VOLUMES   PUBLISHED  AND  UNPUBLISHED. 

Massachusetts  Reports, 

New  York  Court  of  Appeals  Reports, 

Ohio  State  Reports, 

Indiana  Supreme  Court  Reports, 

Indiana  Appellate  Court  Reports, 

Ilhnois  Supreme  Court  Reports, 

Total    422      " 

and  enough  cases  not  yet  reported  in  the  state  reports  to  make 
three  volumes  more. 

The  price  of  the  Northeastern  Reporter,  vols.  1  to  86,  and 
Blue  Book,  is  $228.00.  The  buyer  of  the  Northeastern  is  there- 
fore purchasing  books  at  a  price  equivalent  to  M  cents  per  vol- 


139-198 

inch. 

60  vols 

99-192 

incl , 

94      " 

43-  78 

incl.. 

36      " 

102-170 

inch, 

69      " 

1-  42 

incl,, 

42      " 

114-234 

incl.. 

121      " 

168  REPORTS   AND   DIGESTS. 

ume  for  State  Reports.  Subscription  editions  of  reports,  two 
volumes  in  one,  at  the  rate  of  $1  per  original  volume,  have 
occasionally  been  placed  on  the  market  and  regarded  as  great 
bargains,  but  the  Reporters  are  even  cheaper  than  this.  Those 
who  have  bought  continuations  of  the  reports  of  the  states  in- 
cluded in  the  Northeastern  Reporter  since  the  latter  began  pub- 
lication have  paid  the  following  prices  : 

Mass.,  139-198 . .  ^ $  156.60 

N.  Y.,                      99-192 146.00 

Ind.,  102-170 258.7.5 

Ind.  App.,                 1-42 157.50 

Ohio,                       43-  78 83.25 

111.,  114-234 342.75 


$1,144.85 


These  prices  are  those  at  which  the  books  are  sold  outside 
the  state.  On  some  of  the  sets  a  lower  price  is  made  to  attor- 
neys within  the  state.  But  compare  this  price  with  the  price 
of  the  Northeastern  Reporter,  which  covers  everything  in  the?se 
volumes  of  state  reports.  One  could  have  bought  not  only  the 
Northeastern  Reporter,  but  more  than  half  the  decisions  of  all 
the  other  courts  of  the  United  States  during  the  same  period, 
for  that  money,  if  he  had  bought  the  Reporters  instead  of  the 
State  Reports. 

Since  entering  upon  their  work,  the  state  courts  of  last  resort 
of  the  United  States  have  filed  opinions  which  have  made  about 
5,100  volumes  of  the  official  reports.  About  2,500  of  these  are 
covered  by  the  Reporter  System,  and  about  2,600  were  pub- 
lished prior  thereto.  On  account,  however,  of  the  fact  that  the 
early  volumes  of  all  State  Reports  are  smaller  than  those  now 
published,  and  that  the  briefs  of  counsel  were  formerly  very 
fully  reported,  whereas  now  they  are  either  omitted  entirely 
or  very  much  condensed,  the  2,500  volumes  of  State  Reports 


REPOUTS   AND   DIGESTS.  169 

covered  by  the  Reporter  System  contain  fully  one-half  of  the 
total  number  of  the  decisions.  The  price  of  complete  sets  of  the 
seven  State  Reporters  to  this  time  (February  26,  11)09)  is  now 
only  $1,079.00.  Fully  one-half  of  the  Supreme  Court  Reports 
of  all  the  states  can  be  bought,  therefore,  for  $1,679.00,  or  at 
the  rate  of  sixty-seven  cents  per  original  volume  of  the  State 
Reports.  This,  moreover,  is  the  later  and  therefore  the  more 
necessary  half.  Could  the  2,600  volumes  be  bought  at  the  same 
rate,  the  entire  case  law  of  the  United  States  would  be  within 
the  reach  of  all  prosperous  lawyers.  This  cannot  now  be  done, 
but  there  is  a  downward  tendency  in  the  price  of  all  reports. 
Quite  a  number  can  be  bought  for  $2  per  volume  and  some  for 
less.  Every  few  years  some  hitherto  expensive  set  is  reprinted, 
and  there  is  reason  to  think  that  the  cost  of  the  2,600  volumes 
prior  to  the  Reporter  System  will  grow  steadily  less.  The  low 
prices  established  by  the  National  Reporter  System  have  done 
more  than  anything  else  towards  reducing  the  prices  of  the 
official  series. 

For  further  information  along  this  line,  send  for  our  cir- 
cular "A  Lawyer's  Choice  of  Reports." 

DIGESTS  OF  REPORTS. 

Few  lawyers  beginning  practice  are  able  to  buy  all  the  re- 
ports they  need.  It  is  no  less  necessary,  however,  to  consult 
them  constantly.  This  must  be  done  largely  through  digests. 
The  American  Digest  System,  embracing  the  Century,  Decen- 
nial, and  Current  American  Digests,  furnishes  a  lawyer  with  an 
abstract  of  every  case  decided  by  the  American  courts  of  last 
resort.  Through  this  system  a  lawyer  can  ascertain,  without 
leaving  his  office,  if  there  is  a  case  in  any  volume  of  American 
Reports  bearing  on  the  one  he  has  in  hand.  The  advantage  of 
having-  the  entire  case  law  of  the  United  States  arranged  under 
a  uniform  classification  plan  is  very  evident.     For  instance,  the 


170  REPORTS  AND   DIGESTS. 

scheme  of  classification  in  the  local  digests  of  State  Reports  is 
the  same  in  hardly  any  two.  If  a  lawyer  commences  his  inves- 
tigations by  examining  decisions  in  the  Massachusetts  Report^, 
he  has  to  spend  some  time  in  learning  the  classification  used  in 
the  digest  of  that  set.  If  he  then  turns  to  a  digest  of  New  York 
Reports,  he  finds  the  method  of  arrangement  different,  and 
more  time  must  be  spent  in  learning  the  classification  of  that 
digest.  With  every  other  digest  that  he  takes  up,  he  has  to  re- 
peat the  same  experience.  On  the  other  hand,  having  once 
learned  the  classification  scheme  of  the  American  Digest  Sys- 
tem he  can  examine  the  authorities  in  as  many  states  as  he 
chooses  without  the  annoyance  of  having  to  turn  from  one 
scheme  of  classification  to  another,  as  is  necessary  in  usin^ 
state  digests.  Another  advantage  is  in  the  method  of  covering 
late  decisions.  The  Century  Digest  comes  down  to  1896',  and 
the  Decennial  covers  from  1897  to  1906,  thus  giving  a  digest  of 
American  Cases  from  1658  to  1906,  under  two  alphabetical  ar- 
rangements. The  Decennial  is  supplemented  by  the  current 
American  Digests,  which  are  identical  in  classification  plan 
with  the  Century  and  Decennial  Digests,  thus  giving  a  digest  of 
the  later  cases  as  fast  as  they  are  published.  There  is  no  systean 
of  issuing  supplements  to  the  different  state  digests,  and  it  is 
practically  impossible  to  get  at  the  late  decisions  of  any  state 
excepting  through  these  current  volumes  of  the  American  Di- 
gest. 

In  large  towns  where  law  libraries  are  found,  a  lawyer  with 
the  American  Digest  System  has  on  his  shelves  a  digest  of 
every  American  decision  in  every  library,  and  the  preliminary 
work  of  ascertaining  where  an  authority  can  be  found  on  any 
proposition  of  law  can  be  done  without  leaving  his  office.  In 
towns  in  which  there  aire  no  law  libraries,  but  in  which  there 
are  many  reports  scattered  through  many  law  ofifices,  a  lawyer 
with  the  American  Digest  System  has  a  digest  of  the  law  li^ 


REPORTS   AND   DIGESTS.  171 

brary  of  every  other  member  of  the  bar,  and  can  learn  through 
it.  without  leaving"  his  office,  whether  or  not  there  are  any  cases 
in  any  of  the  books  in  his  brother  lawyers'  ofifices  which  bear 
on  the  one  which  he  is  investigating.  If  he  has  no  access  to  a 
••public  library,  or  to  the  reports  in  private  libraries,  he  can 
obtain  from  the  publishers  a  copy  of  any  decision  cited  from 
the  Reporter  System  for  25  cents,  and  typewritten  copies  of 
decisions  prior  to  the  Reporter  System  at  a  small  cost.  Thus 
until  he  can  have  in  his  office  the  reports  he  needs,  the  Ameri- 
can Digest  System  is  the  greatest  aid  to  using  those  to  which 
he  has  access  elsewhere.  Furthermore,  the  digest  paragraphs 
are  in  themselves  so  full  and  clear  that  reference  to  the  reports 
will  often  be  found  unnecessary.  The  Digests  are  a  conden- 
sation of  the  Reports. 


A  Key-Number  Guide  to 
all  the  Authorities. 


A  new  device  which  effectually  a.nd  finally 
solves  the  "case  law  problem." 


Original — Exclusive — Revolutionary 


The  practitioner's  case  law  problem,  which  is      Your 
always  with  him,  is  to  find  from  the  700,000  re-    problem, 
ported  cases  the  authorities  directly  applicable  to 
the  particular  legal  questions  in  hand. 

The  case  law  problem  for  the  law  publisher  is       Our 
to  help  the  practitioner  to  find  these  few  author-     problem 
ities  from  the  many,  most  readily,  most  easily, 
and  most  exhaustively. 

Both  problems  are  now  solved  by  a  new  device       Both 
we  have  worked  out  for  making  the  wealth  of  the     solved. 
American  Digest  System  available  in  connection 
with  the  Reporter  System,  producing  what  is  in 
effect  a  system  of  universal  and  specific  annota- 
tions. 

This  scheme  was  never  possible  before,  because  Now 
the  material  was  not  available  until  the  American  first 
Digest  System  was  perfected.  possible. 

CGTSOa  (172) 


All  ihe  In  the  American  Digest  System,  the  points  of 

past       law  in  the  700,000  reported  cases  are  extracted, 

2C!3!Dns    carefully  formulated,   and  arranged   in    112,000 

'''®^"    groups,   each  one  of  which  forms,   in  effect,   a 

specific  ''note"  or  collection  of  the  authorities  on 

some  particular  point  of  law. 

The  classification  followed  in  the  Digest  System 
is  now  extended  to  the  Reporter  System.  Every 
point  in  every  new  decision  is  classified  by  experts 
for  the  American  Digest  System  before  it  is  pub- 
lished in  the  Reporters.  Its  place  in  the  Di- 
gest classification  is  then  editorially  indicated 
by  the  uniform  section  number,  recently  adopt- 
ed in  connection  with  the  Decennial  and  the 
current  American  Digests.  This-  key  number 
will  hereafter  be  affixed  to  every  Reporter  head- 
note. 

The  key  number  thus  works  backwards  and 
forwards,  making  the  American  Digest  annota- 
tions perpetual,  receiving  from  day  to  day  the 
new  authorities  as  they  come  from  the  courts,  and 
making  them  instantly  accessible  to  the  searcher 
through  the  talismanic  number. 

No  other  system  can  possibly  accomplish  this. 
No  other  form  of  annotations  made  to-day  can 
carry  with  them  an  unerring  reference  forward 
through  the  reports  and  digests  to  all  future 
cases  in  point. 


C6786a-1  (173) 


Since  these  '^Universal  Annotations"  cover  all 
points  of  law  and  include  all  the  authorities,  past, 
present  and  future,  the  only  remaining  question  is 
how  to  find  the  annotations  which  are  desired  at 
any  given  time  out  of  the  112,000.  This  is  accom- 
pHshed  readily  and  effectively  in  three  ways: 

1.  Through  the  topical  American  Digest  classi- 
fication with  the  aid  of  the  cross-references,  and 
by  the  descriptive  word  method.  (A ''bill  of 
particulars"  will  be  furnished  on  request.)  By 
this  means,  the  digest  annotations  can  be 
quickly  found  by  their  subject-matter. 

2.  Through  the  Table  of  Cases  published  in  con- 
nection with  the  Decennial  Digest.  Any  single 
case  becomes  ''the  key  to  all  cases  in  point."  The 
title  of  the  known  case  in  the  Table  leads  the 
searcher  directly  to  the  "section"  in  the  Century 
or  Decennial  Digest  from  which  earlier  and  later 
cases  in  point  can  be  traced  mechanically  by  fol- 
lowing the  references. 

3.  Through  the  annotations  in  the  National 
Reporter  System.  For  the  past  seven  years,  the 
Reporters  have  been  annotated  by  references  to 
the  Century  Digest.  From  November,  1908,  they 
will  also  be  annotated  with  the  key  number  of  the 
Decennial  Digest,  as  described  above.  Every  re- 
ported case  will  thus  be  directly  and  immediately 
connected  with  all  the  pertinent  annotations 
throughout  the  entire  American  Digest  System. 


C6786a-2  (174) 


First 
way. 


In  a  The  Reporter  System  will  henceforth  add  to 

word:  all  the  other  points  of  superiority  of  its  service 
.  this  supreme  advantage:  Every  point  in  every  case 
will  be  keyed  to  the  American  Digest  System, 
connected  automatically  and  immediately  by  a 
simple  and  positive  annotation  with  all  past  and 
future  decisions  on  the  same  point. 

All  the  authorities  classified  and  arranged  in 
that  great  storehouse,  the  American  Digest  Sys- 
tem. 

Each  new  case  annotated  to  all  the  authorities 
(past  and  future)  at  the  time  it  is  reported. 

And  all  This  new  feature  is  added  to  the  Reporters 

with  no  without  increasing  the  cost  to  subscribers  by  one 

increase  cent.     We  simply  want  you  to  understand  it  and 

'"  «os*-  use  it. 


West  Publishing  Co. 

St.  Paul,  Minn. 

New  York:  Chicago: 

100  William  St.  225  Dearborn  St 


OG7«(in  -3  vlT.~) 


Do  You  Know  How  to  Make  a  Brief? 


Hon.  Horace  E.  Deemer,  of  the  Supreme  Court'  of 
Iowa,  says: — 

"  Brief  making  is  an  art  in  which  there  are  few  masters.  I  have 
been  amazed  at  the  helplessness  of  law  students,  and  even  of  lawyers 
when  they  go  into  a  library  to  search  for  authorities.  A  good  law- 
yer is  one  who  knows  where  to  look  for  the  law;  and  after  he  has 
found  it  knows  what  to  do  with  it.  Law  schools  should  teach  their 
students  how  to  do  these  things." 

Hon.  John  H.  Stiness,  Chief  Justice  of  the  Supreme 
Court  of  Rhode  Island,  says: — 

"One  who  does  not  know  where  and  how  to  find  the  law  will  not 
know  the  law.  One  who  cannot  state  his  points  in  a  clear  and  order- 
ly way  will  fail  to  make  an  impression  and  to  give  the  aid  he  desires. 
Biief  making,  therefore,  is  a  most  essential  and  practical  accomplish- 
ment for  a  lawyer.  Special  instruction  in  brief  making  ia  both  de- 
sirable and  important." 

The  need  of  a  text-book  serving  as  a  guide  to  students 
and  young  lawyers  in  the  investigation  of  authorities, 
showing  the  proper  way  of  using  the  decisions  and 
statutes,  explaining  the  purpose,  relative  value,  and  utility 
of  the  different  classes  of  law  books,  the  best  way  to 
search  out  what  may  be  wanted  from  the  bewildering 
mass  of  legal  publications,  and  how  to  use  the  matter  at 
hand  properly  and  effectively  in  preparing  brief  or  argu- 
ment, has  been  apparent  for  years. 

By  the  co-operation  of  a  number  of  the  best  writers 
that  could  be  secured,  each  experienced  in  his  particular 
branch  of  the  work,  it  became  possible  to  publish  a  book 
of  this  kind  that  would  be  of  practical  use  for  law 
students  and  law  school  instruction. 

(176) 


Brief  Making  and  the  Use  of    Law  Books. 


Edited  by 

NATHAN  ABBOTT, 
Dean  of  the  Leland  Stanford  University  School  of  Law. 

Introduction. 

By  WILLIAM  M.  LILE, 
Dean  of  the  University  of  Virginia  School  of  Law. 

Part  I.    The  Brief  on  Appeal. 

By  HENRY  S.  REDFIELD, 
Professor  Columbia  University  School  of  J<aw. 

Part  11.    The  Use  of  Decisions  and  Statutes. 

By  EUGENE  WAMBAUGH, 
Professor  Harvard  University  School  of  Law. 

Part  III.    American  Law  Publications. 

By  ALFRED  F.  MASON, 
Editor  American  Law  School  Review. 

Part  IV.    How  to  Find  the  Law. 

By  JAMES  E.  WHEELER, 
Professor  Yale  University  School  of  Law. 

Appendix. 
Table  of  Law  Abbreviations. 


A  book  every  law  student  should  read  before 
admission  to  the  bar. 


450  pages.        Price,  $2.00  delivered. 


West  Publishing  Co.,        -        -        St.  Paul,  Minn. 

12  (177) 


The  Hornbook  Series. 


The  Hornbooks  form  a  series  of  separate  elementary  text- 
books on  the  principal  divisions  of  the  law,  and  are  designed 
for  the  use  of  both  the  law  student  and  the  practitioner. 
Every  volume  is  a  complete  treatise  in  itself,  and  all  are  built 
upon  the  same  general  plan,  in  which  certain  special  and 
original  features  are  made  prominent. 

These  distinguishing  features  are: 

(1)  The  black-letter  text,  in  numbered  paragraphs,  which  in 
itself  constitutes  a  complete  synopsis  of  the  law  of  the  subject. 
This  text  is  distinguished  typographically  from  the  subsidiary 
text  by  being  printed  in  large  type.  It  runs  through  the  book, 
forming  an  outline  or  framework  of  the  subject  which  is  of  par- 
ticular value  to  the  law  student  for  the  purposes  of  review. 

(2)  The  subsidiary  text  or  commentary,  which  consists  of  a 
more  extended  presentation  and  discussion  of  the  principles  in 
the  preceding  black-letter  text.  This  commentary  follows  every 
black-letter  paragraph  or  group  of  paragraphs,  is  printed  in 
ordinary  type,  and  comprises  the  body  of  the  book.  The  typo- 
graphical separation  of  these  two  parts  enables  the  student  to 
obtain,  in  the  first  place,  a  general,  comprehensive  grasp  of  the 
subject  as  a  whole,  and  of  the  relation  of  one  part  to  another, 
and,  by  re-reading  in  connection  with  the  more  extended  com- 
mentary, to  fix  the  details  clearly  in  mind. 

(3)  The  notes  and  authorities,  which  consist  of  additional  ex- 
planations and  illustrations  of  the  text,  referring  the  student  to 
all  the  leading  and  late  cases  where  the  principles  have  been 
discussed  and  applied. 

(4)  Uniformity  in  plan,  form,  and  price. 

(1 7") 


As  to  the  Price. 

It  was  a  good  deal  of  an  experiment  to  fix  the  price  of  these 
text-books  at  $3.75,  including  delivery  charges.  They  were  to 
be  regular  octavo  text-books,  and  the  experience  of  publishers 
has  been  that  the  uncertainties  of  the  market  with  a  new  book 
could  be  safely  met  only  by  making  tlie  price  $5  or  $6.  Of 
course,  if  a  large  circulation  were  assured  in  advance,  the  pub- 
lishers would  be  warranted  in  coming  nearer  to  the  mark  which 
lawyers  would  like  to  fix.  Just  there  was  the  problem.  We  de- 
termined to  meet  it  by  taking  the  circulation  for  granted,  fixing 
the  low  price,  and  then  making  the  books  so  irresistible  that 
the  circulation  would  have  to  come. 

Authors  and  Editors. 

The  authors  have  been  very  carefully  selected,  with  a  view 
to  their  special  fitness  for  handling  the  particular  subject  in- 
trusted to  them.  No  one  of  them  has  been  chosen  simply  be- 
cause of  a  name.  Some  of  them  have  already  established  rep- 
utations as  writers,  some  have  won  their  literary  reputations 
with  these  books,  but  in  all  cases  their  work  has  undergone  the 
most  critical  examination  in  our  editorial  corps,  their  citations 
being  verified,  and,  when  necessary,  their  work  revised,  to 
make  it  conform  to  the  severe  standard  of  this  Series.  If, 
after  publication,  criticism  shows  any  weak  places,  a  new 
edition  is  promptly  brought  out.  All  this  lessens  the  chances 
which  a  purchaser  takes  in  buying  an  isolated  book.  Here 
the  publishers'  responsibility  has  not  been  confined  to  the  paper 
and  press  work. 

On  Approval. 

We  sell  our  text-books,  Including  the  Hornbook  Series,  sub- 
ject to  examination  for  30  days.  We  want  our  customers  to 
be  satisfied.  We  believe  they  like  to  judge  from  the  book  itself, 
rather  than  from  the  most  honest  circular.     We  know  our 

(179) 


books  bear  testing.     We  are  well  satisfied  with  the  results  of 
this  plan  of  selling;  and  so,  apparently,  are  our  customers. 

The  Idst  up  to  Date. 

ADMIRALTY By  Robert  M.  Hughes 

A  GENCY. By  Francis  B.  Tiffany 

BAILMENTS By  Wm.  B.  Hale 

BILLS  AND  NOTES By  Chas  P.  Norton 

COMMON  LA  W  PLEADING By  Benj.  J.  Shipman 

CONSTITUTIONAL  LAW By  H.  Campbell  Black 

CONTRACTS By  Wm.  L.  Clark,  Jr. 

CORPORA  TIONS By  Wm.  L.  Clark,  Jr. 

CRIMINAL  LAW. By  Wm.  L.  Clark,  Jr. 

CRIMINAL  PROCEDURE By  Wm.  L.  Clark,  Jr. 

DAMAGES By  Wm.  B.  Hale 

ELEMENTARY  LAW By  Walter  Denton  Smith 

EQUITY  PLEADING By  Benj.  J.  Shipman 

EQUITY  JURISPRUDENCE By  Jas.  W.  Eaton 

EQUITY  JURISPRUDENCE By  Norman  Fetter 

EVIDENCE By  John  Jay  McKelvey 

EXECUTORS  AND  ADMINISTRA  TORS By  Simon  G.  Croswell 

FEDERAL  JURISDICTION  AND  PROCEDURE. By  Robt.  M.  Hughes 

INSURANCE By  William  R.  Vance 

INTERNA  TIONAL  LAW. ." By  Capt.  Edwin  F.  Glenn 

INTERPRETA  TION  OF  LAWS By  H.  Campbell  Black 

MINING  LAW By  George  P.  Costigan,  Jr. 

NEGLIGENCE By  Morton  Barrows 

PARTNERSHIP By  William  George 

PERSONS  AND  DOMESTIC  RELA  TIONS By  Walter  B.  Tiffany 

PUBLIC  CORPORA  TIONS By  Henry  H.  IngersoU 

REAL  PROPERTY By  Earl  P.  Hopkins 

SALES By  Francis  B.  Tiffany 

SURETYSHIP  AND  GUARANTY By  Frank  Hall  Childs 

TORTS ByWm.B.  Hale 

TORTS  (2  Vols.) By  Edwin  A.  Jaggard^ 

WILLS By  George  E.  Gardner 

Uniform  price,  $3.75  a  volume. 

West  Publishing  Co.,  St.  Paul,  Minn. 

(1801 


Owen's      /THiRD\ 


Law  e^ 
Quizzer 


By 

WILBER  A.  OWEN. 

LL.  M., 

Of  the  Ohio  bar. 


4*^!**S**t**I**!'^C****^**S**!>*!*****!*{**^^ 


HIS  is  a  systematic  review  of  the  fundamen- 
tal principles  underlying  twenty-seven  of  the 
most  important  legal  subjects,  by  means  of 
3,000  carefully  planned  Questions  and  Answers.  It  is 
intended  primarily  for  the  use  of  law  students  in  review 
work,  and  in  preparing  for  examination  for  degrees  in 
law  colleges,  or  for  admission  to  the  bar,  but  is  also 
serviceable  to  the  lawyer  who  wants  to  refresh  his 
mind  as  to  the  exact  scope  and  bearing  of  some  legal 
principle. 

A  full  and  detailed  index  makes  reference  easy. 

Frequently  questions  involving  abstract  legal  prin- 
ciples come  to  an  attorney's  mind  while  at  home  even- 
ings, away  from  his  library.  If  deferred  till  the 
next  day,  they  are  apt  to  be  forgotten  or  crowded 
aside.  With  Owen's  Quizzer  in  the  house,  however, 
it  is  easy  to  get  at  once  a  concise  statement  of  the 
principles  involved,  and  to  fix  a  clear  idea  of  the 
point  in  mind. 

(181) 


HE  first  edition  of  Owen's  Law  Quizzer  was 
published  some  years  ago  and  at  once 
proved  its  usefulness  and  popularity.  It 
has  now  been  revised  and  enlarged  by  the  author, 
five  new  chapters  added,  and  references  inserted  to 
the  volumes  of  the  Hornbook  Series  covering  the 
same  subjects. 

3,000  Questions  and  Answers, 

Covering  in  a  thorough  and  systematic  manner  all 
of  the  fundamental  and  underlying  principles  of  the 
following  twenty-five  legal  subjects: 


Agency. 
Bailments. 
Brief  Making. 
Constitutional  Law. 
Contracts. 
Criminal  Law. 
Criminal  Pxocedure 
Damages. 

Domestic  Relations. 
Equity. 
Evidence. 

Executors  and  Admin- 
istrators. 
Insurance* 


Jurisdiction  of  United  States 

Courts. 
Legal  Ethics. 
Municipal  Corporations. 
Negligence. 

Negotiable  Instruments. 
Partnership. 
Personal  Property. 
Pleading. 

Private  Corporations. 
Real  Property. 
Sales  and  Statute  of  Frauds. 
Suretyship  and  Guaranty. 
Torts. 
WiUs. 


613  pages.     Price  $4  00.     Buckram  binding. 

(182) 


BLACK'S  LAW  DICTIONARY. 


By  HENRY  CAMPBELL   BLACK,  M.  A., 

Author  of  Black's  *' Const i;utional  Law,"  •♦Judgments,' 
•'Tax  Titles,"  etc. 


The  work  has  been  recognized  as  the  most  convenient  and 
comprehensive  one-vokmie  dictionary  of  the  law.  It  con- 
tains definitions  of  the  terms  and  phrases  of  American  and 
Enghsh  jurisprudence,  ancient  and  modern,  including  the 
principal  terms  of  international,  constitutional,  and  commer- 
cial law,  together  with  a  collection  of  legal  maxims,  and  also 
numerous  select  titles  from  the  civil  law  and  other  foreign 
systems. 

It  is  chiefly  required  in  a  dictionary  that  it  should  be  compre- 
hensive. Its  value  is  impaired  if  any  single  word  that  may  rea- 
sonably be  songlit  within  its  covers  is  not  found  there.    But  this 

comprehensiveness  is  possi- 
sible  (within  the  compass  of  a 
single  volume)  only  on  con- 
dition that  whatever  is  for- 
eign to  the  true  function  of 
a  lexicon  be  rigidly  excluded. 
The  work  must  therefore  con- 
tain nothing  but  the  legiti- 
mate matter  of  a  dictionary, 
or  else  it  cannot  include  all 
the  necessary  terms. 

These  considerations  have 
been  kept  constantly  in  view  in  the  preparation  of 
BLACK'S  LAW  DICTIONARY.  Of  the  most  esteemed 
law  dictionaries  heretofore  in  use,  each  will  be  found  to  con- 
tain a  very  considerable  number  of  words  not  defined  in  any 
other.  None  is  quite  comprehensive  in  itself.  Mr.  Black  has 
made  it  his  aim  to  include  all  these  terms  and  phrases  here, 
together  with  some  not  elsewhere  defined. 

n83) 


IcHOMBtj; 


^       BLACKS 
,  LAW  DICTIONARY. 


AN    INTERESTING    COMPARISON. 

The  comprehensiveness  of  Black's  Dictionary  of  Law  is 
shown  by  the  following  comparative  statement  of  the  number 
of  titles  under  the  letter  A  in  several  law  dictionaries  in  com- 
mon use: 

Abbott's, 286 

Anderson's, 379 

Jacob's 600 

Rapalje  &  Lawrence's,    .     ,     .  746 

Bouvier's, 847 

BLACK'S, 1801 

The  other  letters  are  in  about  the  same  proportioa 

Prof.  J.  B.  Thayer,  Harvard  University. 

Much  the  best  law  dictionary  that  I  have  seen« 
Prof.  E.  McClain,  University  of  loiva. 

I  feel  that  I  can  highly  commend  the  work. 
Prof.  W.  O.  Harris,  Ijonisville  La^ir  School. 

I  find  it  the  most  comprehensive  work  yet  published. 
Prof.  N.  Green,  Cnmberland  University. 

It  is  up  with  the  times,  convenient  in  shape,  and  admirably 
suited  for  law  students. 

Prof.  Henry  .Wade  Rogers,  Northxp^estem  University. 

It  represents  a  vast  amount  of  work,  and  has  been  done 
with  great  care  and  precision. 
Prof.  Andreiv  J.  Cobb,  University  of  Georgia. 

After  careful  examination  of  Black's  Law  Dictionary,  I 
have  to  say  that  in  my  opinion  it  is  indispensable  to  the  prac- 
titioner, and  invaluable  to  the  student. 

Prof.  C.  A.  Graves,  Washington  &  Iiee  University. 

It  seems  especially  strong  in  the  definitions  of  ancient  words 
and  phrases.  The  plan  of  the  work,  as  outlined  in  the  pref- 
ace, is  judicious,  and  has  been  consistently  adhered  to. 

1  volume,  with  Denison's  Index,  $6,  net,  delivered. 
West    Publishins:    Co.,    St.    Paul,    Minn. 


List  of  Leading  Law  Schools  by  States. 


Alabama. 

University  of  Alabama,  Tuscaloosa,  Ala.  Two-year  course 
of  study. 

Arkansas. 

University  of  Arkansas,  Little  Rock,  Ark.  Two-year  course 
of  study. 

California.  ^ 

Leland  Stanford  University,  Stanford  University,  Cal. 
Three-year  course  of  study. 

Hastings  College  of  Law  (University  of  California),  San 
Francisco,  Cal.     Three-year  course  of  study. 

University  of  California  School  of  Law,  Berkley,  Cal. 
Three-year  course  of  study. 

San  Francisco  Y.  M.  C.  A.  Law  School,  San  Francisco, 
Cal.    Three-year  course  of  study. 

Los  Angeles  Law  School,  Los  Angeles,  Cal.  Two-year 
course  of  study. 

Colorado. 

Denver  Law  School,  Denver,  Colo.  Three-year  course  of 
study. 

University  of  Colorado,  Boulder,  Colo.  Three-year  course 
of  study. 

Connecticnt. 

Yale  University  Law  School,  New  Haven,  Conn.  Three- 
year  course  of  study. 

(185) 


LIST   OF   LEADING   LAW   SCHOOLS   BY    STATES. 
District  of  Colnmliia. 

Catholic  University  of  America,  Washington,  D.  C.  Three- 
year  course  of  study. 

George  Washington  University  School  of  Law.  Washington, 
D.  C.    Three-year  course  of  study. 

Georgetown  University,  Washington,  D.  C.  Three-year 
course  of  study. 

Howard  University,  Washington,  D.  C.  Three-year  course 
of  study. 

National  University,  Washington,  D.  C.  Three-year  course 
of  study. 

Washington  College  of  Law,  Washington,  D.  C.  Three- 
year  course  of  study. 

Florida. 

John  B.  Stetson  University,  De  Land,  Fla.  Two-year  course 
of  study. 

Florida  Law  School,  Jacksonville,  Fla.  Two-year  course  of 
study. 

Georgia. 

Atlanta  School  of  Law,  Atlanta,  Ga.  Two-year  course  of 
study. 

Mercer  University,  Macon,  Ga.    One-year  course  of  study. 

University  of  Georgia,  Athens,  Ga.  Two-year  course  of 
study.    - 

Illinois. 

Chicago  Kent  College  of  Law,  Chicago.  111.  Three-year 
course  of  study. 

Chicago  Business  Law  School,  Chicago,  111.    Special  courses. 

Chicago  Law  School,  Chicago,  111.  Three-year  course  of 
study. 

John  Marshall  Law  School,  Chicago,  111.  Three-year  course 
of  study. 

(186) 


LIST   OF   LEADING    LAW   SCHOOLS    BY    STATES. 

Illinois — Cont'd. 

Illinois  College  of  Law,  Chicago,  111.  Three-year  course  of 
study. 

Lincoln  College  of  Law  (St.  Ignatius  College),  Chicago,  111. 
Three-year  course  of  study; 

Northwestern  University  Law  School,  Chicago,  111.  Three- 
year  course  of  study. 

University  of  Chicago  Law  School,  Chicago,  111.  Three- 
year  course  of  study. 

Illinois  Wesleyan  University,  Bloomington,  111.  Three- 
year  course  of  study. 

Northern  Illinois  College  of  Law,  Dixon,  111.  Two-year 
course  of  study. 

University  of  Illinois,  Urbana,  III.  Three-year  course  of 
study. 

Indiana. 

Indiana  University,  Bloomington,  Ind.  Three-year  course 
of  study. 

Indiana  Law  School,  Indianapolis,  Ind.  Two-year  course  of 
study. 

University  of  Notre  Dame,  Notre  Dame,  Ind.  Two-year 
course  of  study. 

Valparaiso  University  Law  School,  Valparaiso,  Ind.  Two- 
year  course,  of  study. 

Indianapolis  College  of  Law,  Indianapolis,  Ind.  Two-year 
course  of  study. 

Central  Normal  College  of  Law,  Danville,  Ind.  Two-year 
course  of  study. 

Marion  Law  School,  Marion,  Ind.  Two-year  course  of 
study. 

Tri-State  Normal  College  of  Law,  Angola,  Ind.  Two-year 
course  of  study. 

(187) 


LIST    OF    LEADING    LAW    SCHOOLS    BY    STATES. 
Iowa. 

Drake  University  College  of  Law,  Des  Moines,  Iowa. 
Three-year  course  of  study. 

State  University  of  Iowa,  Iowa  City,  Iowa.  Three-year 
course  of  study. 

Highland  Park  College  Law  School,  Des  Moines,  Iowa. 
Three-year  course  of  study. 

Kansas. 

University  of  Kansas,  Lawrence,  Kan.  Three-year  course  of 
study. 

Washburn  College  of  Law,  Topeka,  Kan.  Three-year  course 
of  study. 

Kentucky. 

Louisville  Law  School,  Louisville,  Ky.  Two-year  course  of 
study. 

Jefiferson  School  of  Law,  Louisville,  Ky.  Two-year  course 
of  study. 

Center  College,  Danville,  Ky.    Two-year  course  of  study. 

Kentucky  State  University  College  of  Law,  Lexington, 
Ky.    Two-year  course  of  study. 

Kentucky  University  Transylvania  College  of  Law,  Lexing- 
ton, Ky.    Two-year  course  of  study. 

Louisiana. 

Tulane  University,  New  Orleans,  La.  Two-year  course  of 
study. 

University  of  Louisiana  Law  School,  Baton  Rouge,  La. 
Two-year  course  of  study. 

Maine.  , 

University  of  Maine,  Bangor,  Me.  Three-year  course  of 
study. 


LIST    OF   LEADING    LAW    SCHOOLS    BY    STATES. 

Maryland. 

Baltimore  Law  School,  pjaltimore,  Md.  Three-year  course 
of  study. 

University  of  Maryland,  Baltimore,  Md.  Three-year  course 
of  study. 

Baltimore  University,  Baltimore,  Md.  Three-year  course  of 
study. 

Massachusetts. 

Boston  University,  Boston,  Mass.  Three-year  course  of 
study. 

Harvard  University,  Cambridge,  Mass.  Three-year  course 
of  study. 

Suffolk  School  of  Law,  Boston,  Mass.  Three-year  course 
of  study. 

Boston  Y.  M.  C.  A.  Law  School,  Boston,  Mass.  Four-year 
course  of  study. 

Michigan. 

University  of  Michigan,  Ann  Arbor,  ^Tich.  Three-year 
course  of  study. 

Detroit  College  of  Law,  Detroit,  Mich.  Three-year  course  of 
study. 

Minnesota. 

St.  Paul  College  of  Law,  St.  Paul.  Minn.  Three-year  course 
of  study. 

University  of  Minnesota,  Minneapolis,  Minn.  Three-year 
course  of  study. 

Mississippi. 

University  of  Mississippi,  Oxford,  Miss.  Two-year  course 
of  study. 

Millsaps  College  of  Law,  Jackson,  Miss.  Two-year  course 
of  study. 

(ISO  I 


LIST    OF   LEADING    LAW    SCHOOLS   BY    STATES. 

Missouri. 

University  of  Missouri,  Columbia,  Mo.  Three-year  course 
of  study. 

Kansas  City  Law  School,  Kansas  City,  Mo.  Three-year 
course  of  study, 

Benton  College  of  Law,  St.  Louis,  Mo.  Three-year  course 
of  study. 

St.  Louis  Law  School  (Washington  University),  St.  Louis, 
Mo.    Three-year  course  of  study. 

St.  Louis  University  Institute  of  Law  (St.  Louis  Univer- 
sity), St.  Louis,  Mo.    Three-year  course  of  study. 

Nebraska. 

University  of  Nebraska,  Lincoln,  Neb.  Three-year  course 
of  study. 

Creighton  University  College  of  Law,  Omaha,  Neb.  Three- 
year  course  of  study. 

Omaha  School  of  Law,  Omaha,  Neb.  Three-year  course 
of  study. 

Nevff   Jersey. 

New  Jersey  Law  School,  Newark,  N.  J.  Two-year  course 
of  study. 

Neiv  York. 

New  York  Law  School,  New  York  City.  Three-year  course 
of  study. 

Columbia  University,  New  York  City.  Three-year  course 
of  study, 

Brooklyn  Law  School,  Brooklyn,  N.  Y.  Three-year  course 
of  study. 

New  York  University  Law  School,  New  York  City.  Three- 
year  course  of  study. 

Fordham  University  School  of  Law,  New  York  City. 
Three-year  course  of  study. 

(190) 


LIST  OF   LEADING   LAW   SCHOOLS  BY   STATES. 

New  York— Cont'd. 

Albany  Law  School,  Albany,  N.  Y.  Two-year  course  of 
study. 

Buffalo  Law  School,  Buffalo,  N.  Y.  Two-year  course  of 
study. 

Cornell  University,  Ithaca,  N.  Y.  Three-year  course  of 
study. 

Syracuse  University,  Syracuse,  N.  Y.  Three-year  course  of 
study. 

North  Carolina. 

University  of  North  Carolina,  Chapel  Hill,  N.  C.  Two- 
year  course  of  study. 

Trinity  College  Law  School,  Durham,  N.  C.  Three-year 
course  of  study. 

Wake  Forest  College,  Wake  Forest,  N.  C.  Two-year  course 
of  study. 

North  Dakota. 

University  of  North  Dakota,  Grand  Forks,  N.  D.  Three- 
year  course  of  study. 

Oliio. 

Cleveland  Law  School,  Cleveland,  Ohio.  Three-year  course 
of  study. 

Western  Reserve  University,  Cleveland,  Ohio.  Three-year 
course  of  study. 

Ohio  State  University,  Columbus,  Ohio.  Three-year  course 
of  study. 

Cincinnati  Law  School  (University  of  Cincinnati),  Cincin- 
nati, Ohio.    Three-year  course  of  study. 

Y.  M.  C.  A.  Law  School,  Cincinnati,  Ohio.  Three-year 
course  of  study. 

Ohio  Northern  University,  Ada,  Ohio.  Three-year  course 
of  study. 

091) 


LIST   OF   LEADING   LAW   SCHOOLS  BY   STATES. 

Ohio— Cont'd. 

Lebanon  University  Law  School,  Lebanon,  Ohio.  Three- 
year  course  of  study. 

Toledo  Law  School  of  the  Y.  M.  C.  A.,  Toledo,  Ohio. 
Three-year  course  of  study. 

Oklahoma. 

Epworth  University  School  of  Law,  Oklahoma  City,  Ok- 
lahoma.    Three-year  course  of  study. 

Oregon. 

University  of  Oregon,  Portland,  Or.  Two-year  course  of 
study. 

Portland  Law  School,  Portland  Or.  Two-year  course  of 
study. 

Pennsylvania. 

University  of  Pennsylvania,  Phila(Jelphia,  Pa.  Three-year 
course  of  study. 

Temple  University  Law  School,  Philadelphia,  Pa. 

Dickinson  College  of  Law,  Carlisle,  Pa.  Three-year  course 
of  study. 

Pittsburg  Law  School,  Pittsburg,  Pa.  Three-year  course  of 
study. 

South    Carolina. 

University  of  South  Carolina  Law  School,  Columbia,  S.  C. 
Two-year  course  of  study. 

South  Dakota. 

University  of  South  Dakota,  Vermillion,  S.  D.  Three- 
year  course  of  study. 

Tennessee. 

University  of  Tennessee.  Knoxville,  Tenn.  Two-year 
course  of  study. 

(192) 


LIST    OF   LEADING    LAW    SCHOOLS    BY    STATES. 

Tennessee — Cont'd. 

Vanderbilt  University,  Nashville,  Tenn.  Three-year  course 
of  study, 

Cumberland  University,  Lebanon,  Tenn.  One-year  course 
of  study. 

Chattanooga  Law  School,  Chattanooga,  Tenn.  Two-year 
course  of  study. 

Texas. 

University  of  Texas,  Austin,  Tex.     Three-year  course  of 

study. 

Virginia. 

University  of  Virginia,  Charlottesville,  Va.  Three-year 
course  of  study. 

Washington  and  Lee  University,  Lexington,  Va.  Two-year 
course  of  study. 

Richmond  College,  Richmond,  Va.  Two-year  course  of 
study. 

Washington. 

University  of  Washington,  Seattle,  Wash.  Two-year  course 
of  study. 

■West  Virginia. 

University  of  West  Virginia,  Alofgantown,  W.  Va.  Two- 
year  course  of  study. 

Wisconsin. 

University  of  Wisconsin.  iMadison,  Wis.  Three-year  course 
of  study. 

Marquette  University  Law  School,  Milwaukee,  Wis. 
Three-year  course  of  study. 

13  (19.-]) 


E 


XPLANATION 


Our  System  of  Annotating 

and  how  it  makes 

One    Case   a  Key  to  All. 


YEAGER  et  al.  v.  TUNING  et  al. 
(Supreme  Court  of  Ohio.     Dec.  1,  1908.) 

1.  Easements  (§  2*)— What  Constitutes. 

The  right  of  an  owner  of  an  estate  to  erect 
and  maintain,  or  to  cause  to  be  erected  and 
maintained,  a  line  of  telephone  poles  over  the 
estate  of  another  for  the  benefit  of  the  former,  is 
an  easement. 

[Ed.   Note. — For  other  cases,  see   Easements, 
Cent.   Dig.  §  3;    Dec.   Dig.  §  2.*] 


The  first  catchword  over  the  syllabus  is  in- 
variably the  TOPIC  of  the  American  Digest 
System,  and  the  section  number  following  the  first 
catchword  is  invariably  the  SECTION  of  that  topic 
where  that  case  will  be  indexed  and  digested. 

If  Under  this  topic  and   section    number    this    case 
will  appear 

In  the  Index  to   this  Advance  Sheet 
Bound  Volume 
American  Monthly  Digest 
American  Digest  1909 A 
next  Digest  of  this  Reporter 


For  other   cases   on   the   same   point    look   under 
the  same  topic  and  section  number 

In   the  Decennial  Digest  1897  to   1906B 
American  Digest  1907 A   to  date 
American  Monthly  Digest,   and 
Current  Indexes  and  Bound   Volumes  of 
the  Reporters 
05853a  (104) 


All  reported  American  cases 
are  digested  in  the  American 
Digest  System. 

(The   Century  to   1896, 
The  Decennial  to   1906, 
The  American  to    date.) 

All  current  American  cases 
are  reported  in  the  National 
Reporter  System;  and  every  case 
IS  Annotated. 

You  can  turn  from  any  late 
case  to  the  Digests  and  find  all 
other  cases  on  the  same  point. 


West  Publishing  Company, 
St  Paul,  Minn. 

100  William  St.,  225  Dearborn  St., 

New  York.  Chicago. 

€6r),si';i  (19.".) 


When  Doctors   Disagree 
Who   Shall   Decide? 


Mtfaa^aa^tfto 


M»^iw^*— ^i#«»^^— —^^Miii^i— ^11  iiiiaiiiiiii  I 


Is  it  not  up  to  you? 


There  are  three  series  ol[.  *' selected  cases'' 
now  published,  each  purporting  to  select  the 
*^  important  cases/' 

Covering  the  same  period  (J 905  to  date) 

28i3  cases  were  "selected'*  for  Lawyers'  Reports  Annotated. 
1853  cases  were  ••selected"  for  American  State  Reports. 
1747  cases  were  ''selected"  for  Am.  and  En^.  Annot.  Cases. 

Of  about  6000  ''important"  cases  selected 
JUST  230  appeared  in  all  three  sets! 

The  "Experts"  Disagreed  on  96  per  cent,  of 
the  cases  actually  selected. 


It  is  manifestly  ''up  to  you''  to  select  your 
own  cases  through  the 

American  Digest  System 
and  the  National  Reporter  System. 


West  Publishing  Co.        -         St.  Paul,  Minn 

(V,402l>  (iiu;) 


% 


FULL  information  re- 
garding any  of  the 
books  referred  to  in 
this  pamphlet,  as  well  as 
other  law  books,  will  be 
given  on  request.  Corres- 
pondence is  welcomed,  and 
suggestions  regarding  re- 
quirements in  special  loca- 
tions will  be  made  if  de- 
sired. 

West  Publishing  Co., 
St.  Paul,  Minn. 


Ca«03-1 


(n?e  dmertcan  Digest  System, 

Including  four  distinct  though  related  series  of  digests. 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  888  092    4 


*t 


'"I 


